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Prime Minister Giuseppe Conte has decided to change the rules to move between municipalities at Christmas 2020 and New Year’s Eve, adding exceptions to the prohibitions provided for December 25 and 26 and January 1 by the Dpcm December 3 and by decree law December 2 n. 158. But between saying and doing there are two types of problems: the first is to convince the hard wing of the majority – represented in the first place by the Minister of Health Roberto Speranza – that they prefer to do the opposite. The second is what legal instrument to use to repeal the newly issued rules. While on December 16 the motion of the center-right is discussed, which would directly want to abolish the rule. The prime minister would be considering whether to modify the legislative decree by loosening the restrictions or to file the faq with an extensive interpretation of the possibility of repeal. But the last hypothesis, as we will see, is not feasible.
Dpcm Christmas 2020, changes in Parliament or new Decree: how movements between municipalities will change
According to the news agency Ansa Conte, which is engaged in the Brussels European Council, he also listened by phone to the leader of the League Matteo Salvini and after his return to Italy he could summon the heads of delegation to begin exploring the different options of exceptions to travel. Therefore, the initial orientation would be to expand the meshes of Decree December 2 n. 158 approved by the Council of Ministers establishing territorial exceptions to the block, to serve those who live in smaller municipalities. the Daily occurrence instead, he writes that the technical instrument could be another Dpcm that replaces and integrates the decree now in force. But when it comes to the hierarchy of sources, this seems to be the most difficult hypothesis. The third way could be the modification during the conversion of the decree of law, according to the opposition (hence the initiative of Conte against Salvini). In this case, however, the times may be too short to be successful, as there are 14 days before the bans are activated. In summary, the options at the government table are 3:
- a new decree that modifies that of December 2 n. 158 expand the fabric of displacement in a territorial sense and, therefore, allow it in larger areas than those of small municipalities, probably at the provincial level;
- a modification of Decree Law December 2 n. 158 in parliament with the same hypotheses;
- a new Dpcm that would arrive around Christmas.
There is also talk of the possibility of introducing a change with an amendment to the Ristori Decree, while fortunately the hypothesis of leaving everything like that has been discarded and of having the repeal in the Faq of Palazzo Chigi, since they are not a legislative instrument until it is prove otherwise. . However, there is an obstacle to this plan: “For me the rules that have been approved by the government are correct and in fact I still wonder how we can limit travel,” Speranza told Porta a Porta yesterday about the travel debate. between municipalities. “It would be an incredible shame to waste the work done in recent weeks and plunge between January and February, when vaccinations will begin, in a new phase of resurgence. I repeat: the line is and continues to be that of the utmost prudence “, says the owner of Salud, who underlines how” until January 15 this Dpcm is in force but many regions will pass from one area to another and therefore we are restoring spaces of freedom ”. Nicola Zingaretti and Dario Franceschini of the Democratic Party are also on the same line. But the representation of those who want exceptions is much higher. But the front of those who leaned in favor of the changes is much broader, since it includes some marginals of the Democratic Party but also the 5 Star Movement – Di Maio spoke about it yesterday on Facebook – and Italia Viva.
A decree to change the rules of travel between municipalities between Christmas and New Year?
Once an agreement has been reached on the instrument to use, it will be possible to decide how to change the travel rules. For the moment, the decree provides for the absolute prohibition of travel between regions (including in the yellow zone) from December 21 to January 6, as well as between municipalities on December 25-26 and January 1. During the entire period there is also a curfew from 22:00 to 5:00 that on the occasion of the New Year runs until 7:00. But it also states that you can still return to your residence, domicile or home. And it distinguishes:
- Residence is legally defined as the place where the person has his habitual residence. Residency results from personal records and, therefore, it can be known in a precise and verifiable way at all times;
- domicile is legally defined as the place where a person has established the principal place of business and interests. The domicile may be different from the residence;
- the concept of housing 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.
Said that The impression explains today that one of the hypotheses in the field is to find a maximum radius of kilometers within which to allow movement. There is talk of an amplitude between 20 and 50 kilometers and an exception that could only apply to municipalities with less than 15 thousand inhabitants. But the center-right wants instead to let the regional presidents decide – which would expand them to the maximum – while the simplest hypothesis does not seem to be for now, namely that of using the delimitation of provinces or that of unions between municipalities. , because it would be penalized. the South.
The government’s travel FAQ and the difference between residence, domicile and home
Second Republic Instead, the current hypothesis is to “open” the borders between small neighboring municipalities, the threshold could be that of centers with less than five thousand inhabitants. But what happens, for example, if these small towns adjoin large urban centers? Meanwhile, the Minister for Regional Affairs, Francesco Boccia, is on the same line as Hope. Do not ask us to marry an ‘all free’ – he said yesterday – These rules have been in force for a month and a half in the red and orange zones, and no one has ever raised the problem of the elderly and loved ones. Maybe it’s because these rules work. ? “. For the minister,” the objective is obviously another “, entirely political.” But today there are 887 dead, and this debate seems absurd to me. How absurd it is not to understand that the blockade between municipalities serves precisely to protect the elderly. “
The messenger he writes that the three ministers (Boccia, Franceschini and Speranza) would be oriented to swallow the yes to travel only between “neighboring municipalities” of less than five thousand inhabitants. And exclusively within their own Province. Meanwhile, the center-right motion is still scheduled in the Senate, but until the last minute we will try to prevent the issue from taking non-governmental folds and the splitting of the majority groups, with part of the Democratic Party already declared in favor. In the evening it was the president of the Senate, the combatant of the force Maria Elisabetta Casellati, who provided assistance to the center-right: “I have ordered, in accordance with the Regulations, that the motion be discussed in the courtroom on Wednesday 16 of December after the approval of the Ristori decree. the Senate can also express itself on an issue so vital to Italian families ”.
For now, to close the list of Faqs, there is meanwhile a resounding no to the question about the possibility of going to visit a relative who, despite being self-sufficient, lives alone. Because, we read, “the need to alleviate the loneliness of lonely but self-sufficient people does not integrate.” Also for him Corriere della Sera Among the hypotheses explored in these hours by the government is that of eliminating the ban only for municipalities with less than 5,000 inhabitants, but it does not seem to be the solution. In fact, the rule is considered too restrictive and, in any case, it would be difficult to carry out controls. For this reason, the possibility of a general flexibility is opened, if at all, limiting it at the provincial level.
In the meantime, however, Il Fatto still writes today, while Lombardy’s Rt contagion index does not fall, from observing statistical projections from Worldofmeter, the world’s most important website for statistical data processed by developers, researchers and volunteers over time. In fact, it seems that if the restrictions are loosened now, the risk is to count a thousand deaths a day in January: “The risk of a third wave exists and it is concrete. We are not fortune tellers, but considering the current figures we can predict that any We will pay with the third wave, which also runs the risk of adding to the flu season. I do not deny that the proximity to Christmas is worrisome. We must avoid the effect registered last summer and remember that this virus does not allow distractions. The situation is delicate and deserves the maximum attention ”, says Roberto Cauda, Professor of Infectious Diseases at the Catholic University of the Sacred Heart and says Warehouse of the Infectious Diseases Operational Unit of the Gemelli Irccs Polyclinic Foundation in Rome.
