Tar Sardinia suspends the Solinas ordinance that imposed Covid tests on those who go to the island. He: “Two pesos and two government measures”

the Sardinian tar upheld the government appeal and did the blocked order signed by the President of the Region, Christian solinas, which required Covid testing required for those who arrive on the island as of Monday, September 14. The decision of the administrative judges came with a decree, signed by the president of the Administrative Court. Dante D’Alessio, which accepted the precautionary request for suspension proposed by the state defense on behalf of the Presidency of the Council of Ministers, with the hearing that was set for October 7.

Thus, the effects of the provision of September 11 of the Council of Sardinia were suspended, which provided for all passengers arriving from abroad or from the national territory to present, upon boarding, the result of a “serological test (IgG and IgM) or molecular (RNA) or rapid antigens performed no later than 48 hours from departure that have given a negative result for Covid-19. “Alternatively, those who went to Sardinia could have presented aself certification in which he certified that “he underwent a serological, molecular or antigenic test in the 48 hours prior to his entry into the regional territory, the result of which was negative.” A provision that, according to the government’s thesis, violates article 16 of the Constitution on the free movement of people.

The ruling also anticipates what could be the final decision on the appeal filed by the government that, according to the decree of the administrative judges, “presents reasonable probability of a favorable outcome“. According to the TAR,” the contested provisions must be considered to effectively limit the movement of people, taking into account that, in addition to providing for all those who, even in the absence of symptoms of the disease, intend to enter the regional territory (with the exception of the subjects indicated in article 12), the presentation, upon shipment, of the result of a test (serological or molecular or rapid antigenic), carried out in the previous 48 hours, will oblige those who have not previously carried out the test to carry it out, using a buffer , within 48 hours after entering the regional territory, in public or private accredited establishments in the region, providing for ‘home isolation’ for the same, until the negative result of the same examinations and except for other different provisions of the authority qualified health. “In addition,” the restrictive provisions on the free movement of persons – writes President Dante D’Alessio – that affect a constitutionally guaranteed right (article 16 of the Constitution) and one of the fundamental freedoms guaranteed by the legal order ofEuropean Union, can be adopted with dpcm only in the presence of reasons of extraordinary necessity and urgency and, as mentioned, in compliance with the principles of adequacy and proportionality the epidemiological risk actually present in certain areas “.

According to D’Alessio, then, “the worsening of the health risk, determined by the increase in infections found in the region, which led to the adoption of the challenged measures, however, does not seem to be of such significance as to justify the adoption of a measure that affects the free movement of people and intervenes only a few days after the adoption of the last dpcm, on September 7, 2020, which has already taken into account the evolution of the ongoing epidemic in all regions ”. But there is more: “The indicated significant increase in infections in Sardinia occurred in relation to strong tourist influx August in conditions that are not destined to be repeated with the imminent end of the summer season “and” there is no evidence of unsustainability pressure on the regional health system, as if to impose limitations on the free movement of people, also because the increase in the number of infected in the region was largely determined by the increase in the number of tests and the detection of the virus in numerous asymptomatic subjects ”. Therefore, argues the TAR, the order of the governor of Sardinia “does not appear to have been adopted in compliance with the indicated regulatory provisions and in compliance with the principles of adequacy and proportionality to the epidemiological risk actually present in the region, as well as in the presence of of reasons of necessity and urgency, such as justifying the adoption, by regional ordinance (and not by Decree of the Prime Minister), of a measure that limits the free movement of people between regions and between nations ”.

However, only three articles contained in the ordinance are suspended, while “there are no grounds for a precautionary ruling on the subsequent provisions issued in the other articles of the challenged ordinance that could be considered justified by the evolution of the epidemiological situation in the Region. ”. Therefore, theobligation to wear masks throughout the day in all closed or open environments where there is a real risk of meeting, but also the set of provisions that, in view of schools reopening on September 22, they lead to80% seat occupancy in public transport vehicles place.

Governor Solinas’ comment is controversial: “If it is ever necessary to confirm that we live in a country where the government uses two pesos and two measures, this story is the plastic representation. While in Sardinia the ordinances adopted to protect public health are questioned, in other parts of the country they are adopted discriminatory ordinances against Sardinians foreseeing tests and quarantine for those who come from the island, the health passport proposed by us. Now I hope that the government will also defy those orders, “he told a press conference.

However, Solinas specified that “the sentences are respected and are not discussed, this is a monochromatic act by President Tar and we make some comments. Some Regions, coincidentally all of the same political color, some things are allowed, others are not only not allowed, but when they are adopted they become a shameful nuisance that undermines the loyal collaboration between State and Region ”.

“I hope that the acceptance by the TAR of Sardinia of the government’s challenge will push the Region to maximum and loyal cooperation. The government is close to Sardinia, to the entire Sardinian community and to anyone who enters and leaves Sardinia. Sometimes it is better to guarantee buffers for everyone instead of chaotic ordinances, ”said the Minister of Regional Affairs. Francesco Boccia. “We confirm – he added – the total willingness of the Government to provide the Region of Sardinia with all tampons and, if necessary, also voluntary health personnel to guarantee intervention methods that guarantee maximum health security”.

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