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Today is the last day of “conditional” freedom in the yellow zone for Italians (except Campania and Abruzzo which are in the orange zone). Starting at midnight on December 24, all of Italy will become the red zone under Decree Law No. 172 December 18 introducing new provisions for the coronavirus emergency. And from tomorrow until January 6, 2021, self-certification will be necessary in many cases. Let’s see in detail what happens from December 24 with Italy in the red and orange zone, the travel exemptions and the gaps for Christmas lunch, New Year’s Eve and New Year’s Eve.
Italy red zone: starting tomorrow you can only go out with self-certification: how to complete it and ways to “circumvent” the rules
The circular published yesterday on the website of the Ministry of the Interior reminds us that holidays and days before holidays between December 24, 2020 and January 6, 2021 (that is, 24, 25, 26, 27 and 31 December 2020 and January 1, 2, 3, 5 and 6, 2021) the measures provided for in art. 3 of the decree of the President of the Council of Ministers of December 3, 2020 for the so-called “red zone”, that is, territories characterized by a scenario of maximum severity and a high level of risk. In the red zone, travel is only allowed for work, health or extreme urgency and necessity and must be certified using the self-declaration form. On December 28, 29 and 30, 2020 and January 4, 2021, the measures provided for the orange zone are applied in the national territory. Three different exceptions to these prohibitions apply, motivated by self-certification:
- There is a derogation that refers to trips from municipalities with a population of no more than 5,000 inhabitants, whose residents can travel a distance of no more than 30 kilometers from the borders. However, you cannot go to the provincial capitals;
- then there is another exception that instead concerns all citizens: it is allowed to move to a single private house, located in the same region, once a day, in a period of time between 05.00 and 22.00 and within the limits of two people. This numerical limit does not include minors under 14 years of age over whom persons interested in relocating exercise parental authority, and disabled or non-self-sufficient persons who live with them;
- to this is added, as decided by decree law n. 158 December 2, that the return home is always allowed at any time of day or night and that “home” means residence, domicile or domicile. The Ministry of the Interior specified yesterday that if one of the three previous exceptions is used “the related justification can be alleged by resorting to the usual self-declaration forms, in the part where reference is made to” reasons allowed by current regulations. ”
Given this last clarification, it is likely that in the end the Ministry of the Interior will not publish a new self-declaration form to allow self-certification in the period from December 24 to January 6, but that the pdf that still has the date of October 2020 will follow being valid and that can be downloaded from the website of the Ministry of the Interior. In this case, in addition to marking the box, the following line must explain the reason that determines the movement, the starting direction and the destination direction. The name of anyone you will meet (relatives or friends) should not be specified for privacy reasons.
The circular concludes by reiterating that “access to places of worship and participation in religious services are still allowed, in accordance with article 1, paragraph 9, letters p) and q) of the Decree of the Prime Minister of December 3, 2020. Even in these cases, however, the hourly limits imposed by the so-called “curfew” will be applied, and that “trips will be allowed, without a time limit, to reconnect with the assistance activities carried out, within the framework of a voluntary association, without time limits, also in agreement with locals, in favor of needy or disadvantaged people. Consequently, for the movement linked to these activities, the realization of social volunteering may be justified “.
How to complete the self-certification to leave on December 24
It will also be necessary to indicate in the self-certification form: your usual address, a valid telephone contact, that is not subject to the quarantine measure or that has not tested positive for Covid-19 (except for movements ordered by the health authorities), to be “aware of the criminal consequences provided for in the event of false statements to a public official” regulated by article 495 of the Code of Criminal Procedure. What risks do those who are not in good position have? First, a fine of between 400 and a thousand euros, as required by the decree. While waiting to know if the Ministry of the Interior will prepare another self-certification form to leave home, it should be noted that in this way the rules are so lax as to allow the use of a series of gaps for lunch, Christmas dinner , Veglione and to go out to visit friends. The government has explicitly authorized:
- Christmas lunch, because it is within the curfew time limits;
- New Year’s lunch, for the same reason.
But, and this is the novelty, since they are not explicitly prohibited, Christmas and New Year’s Eve dinner with two guests plus those under 14 and those who are not self-sufficient are also allowed. Basically in three ways:
- the first is the simplest: dinners can be anticipated to respect the curfew;
- the second is more complicated: being allowed by the decree-law of December 2, at any time, the return home (and therefore also during the curfew) can be done after having dinner and toasting after midnight ;
- the third is the one that had been raised in recent days: fall asleep the night of January 24 and 1 and return home when the curfew has expired.
Fabio Ciciliano, 48, medical director of the Police and member of the Scientific Technical Committee, of which he is secretary, in a series of statements released a few days ago to Corriere della Sera He explained that the record of the overnight stay is valid: “Yes, every day you can make a single visit and you can also stay asleep. The departure for the return home is allowed from 5 to 22 every day and on January 1, 2021 from 7 to 22 “. And there is more: because even the clarification on second homes that can always be reached provided on December 19 by Palazzo Chigi offers one more loophole to organize dinners and parties: “It was necessary to find a compromise between the need to limit movement of people to avoid the spread of the virus and the need to guarantee minimum sociability for families, especially to allow grandparents not to be alone during the Christmas period ”.
Law enforcement and controls prohibited at home except for justified reasons
Even those visiting a family member or friend in the second home can stop and sleep. Only condition: “The second home must be in the region of residence of both the owner and the friends or relatives who are welcomed, since from December 21 to January 6 movements between regions and autonomous provinces are prohibited.” It is important to remember to carry the self-certification form with you both on “red” days (on December 24/25/26/27/31 and on January 1/2/3/5/6) and on days ” orange “(December 28/29/30 and January 4). In fact, the two categories are almost indistinguishable.
It should also be remembered that the home is inviolable and therefore the police prevent controls on the home, unless it has a well-founded suspicion that something illegal is taking place in the home. So with the two person rule and the fact that you need to specify the destination address but not the person you are visiting, there is a danger that more pairs of people (or entire families) will see each other in the same place. . home without technically anyone being able to avoid it.
Another problem refers to the possibility of visiting one and only one house during the departure provided for by the exception. Also in this case the rule is easily circumvented. For example, if you want to visit two family members who live in two different houses, just go out to go to the first one with full self-certification in all points except the destination address. If you are not stopped, and therefore you are not obliged to hand it over, considering that the checks can also be carried out later, then you can safely go to the second house you want to visit – no one can test it first. you are stopped somewhere else and therefore if you are stopped you can only type the second destination address.
