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Senigallia 10/12/2020 – After the announcement of the new Christmas DPCM, which introduces a series of strict limitations from December 21 to January 6, to try to contain Covid 19 infections, there were protests. Especially regarding the prohibition to go out of the ordinary at Christmas, Saint Stephen and New Year’s Eve, even to reach a single family member.
Thus, this is how the Government, on the institutional page dedicated to FAQs, has answered some of the most frequently asked questions in this regard since the Decree of the Prime Minister in force from December 21 to January 6.
The dpcm of December 3, 2020 establishes that, despite the prohibitions, from December 21 to January 6 it is still possible to return to one’s residence, domicile or home. What is meant by these three terms?
The residence it is legally defined as the place where the person has his habitual residence. Residency results from personal records and, therefore, can be known accurately and verifiably at all times. the home it is legally defined as the place where a person has established the main place of business and interests. The address may be different from the residence. The concept of home it does not have a precise technical-legal definition. For the purposes of applying the dpcm, therefore, the home must be identified as the place where one actually lives, with a certain continuity and stability (therefore for continuous periods, although limited, during the year) or with the usual periodicity and frequency (for example on certain days of the week for work, study or other needs), but always excluding second homes for holidays. To give one more example, people who for work reasons live in a place other than their spouse or partner, but who meet him regularly and periodically at the same address, may move to meet again during the period of December 21 from 2020 to January 6, 2021 in the same house where they usually meet.
In which cases is it possible to move to the second home in the period between December 21, 2020 and January 6, 2021?
Since from 10pm to 5am (and until 7am on January 1, 2021) any movement is prohibited, except for reasons of work, health or necessity, the rules to follow to go to second homes are as follows: in the yellow zone and orange, if the second house is located in the same municipality, you can always go (at the times already specified); exclusively in the yellow zone, if the second home is in the same region, but in a different municipality, you can go there during the entire period 21 / 12-6 / 1, with the exception of December 25 and 26, 2020 and the January 1, 2021.
Can separated / adoptive parents travel between December 21 and January 6 to go to different municipalities / regions or abroad to spend the holidays with their minor children, in compliance with the provisions of the judge or the agreements with the another parent?
Yes, as already specified, these movements are among those motivated by “necessity”, so they are not subject to limitations. In the case of trips to / from abroad, in any case it is necessary to consult the corresponding section of the website of the Ministry of Foreign Affairs and International Cooperation to obtain information on the specific health requirements related to the country from which you come or are must go out.
My parents, elderly but in good health, live in a different region than mine. Can I visit them during the holidays?
Displacements to visit or go live for a few days with family or friends, including their parents, will be possible for everyone only if they move from one place in the yellow zone to another in the yellow zone, exclusively until December 20, 2020 already from January 7, 2021. In the period from December 21 to January 6, these movements will be allowed, always exclusively between places in the yellow zone, only if you have residence or domicile or your domicile in the autonomous community / province of destination . In any case, on December 25 and 26 and January 1 it will only be possible to move within the municipality itself. In any case, it will be possible to move between different municipalities / provinces / regions for work, necessity or health reasons.
I have relatives who are not self-sufficient who live alone at home, in another municipality / region, and whom I attend regularly. Will I be able to continue doing this also from December 21 to January 6? Will my spouse / partner and our children come with me?
The movement of care to non-self-sufficient people will also be allowed from January 21 to 6, even between municipalities / regions of different areas, where it is not possible to provide the necessary assistance through other subjects present in the same municipality / region. However, it is not possible to transfer more than the people strictly necessary to provide the necessary assistance: as a general rule, the need to provide assistance cannot justify the movement of more than one adult relative, possibly accompanied by minors who are usually already assisting .
Under the new dpcm is it allowed to go to another municipality or region for tourism?
Tourism trips within the national territory are allowed, and in any case exclusively with departure and destination in the yellow zone, if the departure takes place before December 20, 2020 or as of January 7, 2021. Extra-regional tourism travel in Italy between December 21 and January 6.
