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It could be a decree law not accompanied by a Dpcm to bring all of Italy into the red zone at Christmas 2020. But the good news, so to speak, is that in addition to the restrictions for the 24th, 25th, 26th and 27th December and for January 31, 1, 2 and 3 (and for some, 5 or 6 are also at stake) and the possible orange zone in the remaining period, Prime Minister Giuseppe Conte has decided to insert exceptions for lunch on day 25 and dinner on day 24.
The derogation for Christmas lunch and dinner 2020 and visits to grandparents in Conte’s decree
The idea is to follow Merkel’s model and allow lunch with two guests. the Corriere della Sera Today anticipates the wording that will be present in the decree law or in the related Dpcm: “Movement to private homes is allowed within the limits of two people for each of them, in addition to those who already live there.” Also at stake is the possibility of inserting a new apostille: “there is no number of children under 14 years of age”, as will happen in Germany. The hottest topic, however, is that of so-called relatives. In the sense that until now the orientation of limiting the degree of kinship of those who can visit the first and second degree has prevailed in the government. Brothers, parents, grandparents. And no, for example, uncles or cousins.
But there is also another hypothesis that is being examined by Palazzo Chigi, which could nevertheless break against the hard line of the “penalty shooters” (Ministers Speranza, Boccia and Franceschini). That is, to use the term “family” in its broadest sense, thus including the boyfriends, partners and those who have a “stable affection”, as happened during the relaxation of the confinement in May. As explained at the time, the notion of relatives (or, rather, of “relatives”) is not very present in our legislation and therefore the definition itself is quite lax:
A general normative definition of “closest relatives”, on the other hand, is recognizable only for criminal matters. Just art. 307 The fourth paragraph of the Penal Code, in fact, defines the “closest relatives” (“for next relatives we refer to ascendants, descendants, spouse, part of a civil union between persons of the same sex, siblings , sisters, relatives in the same degree, uncles and nephews “), and this, yes, in general, but only” for the purposes of criminal law “. Outside of criminal law, however, it is not entirely clear, or at least not defined by law, what is meant when the legislator speaks of “relatives”. Indeed, some “defining” ideas are recognizable here and there in normative sources.
A Supreme Court ruling returns the fiancée among the relatives. Also, still write the Corriere della Sera, Conte is geared towards not introducing conditionality to frail older people and thus this is an implicit green light to reunite with grandparents. Although the issue of car trips is still being discussed, where there is reasoning around the possibility of establishing a limit of two people, however excluding children under 14 who would not be counted in the calculation.
A new Dpcm and a decree law for Christmas 2020 in the red zone but with two relatives
The great return of the relatives
Therefore, assuming that for now we are talking about hypotheses and that it is not certain that the premier’s line is the winner of the council of ministers that is scheduled for 6 in the afternoon (before, from 12 to 3, there will be a meeting with the regions to which they will go illustrated the guidelines of the measures and probably later the first draft of the Dpcm or the decree of law will emerge) the open questions after the tug of war between the ministers of the Democratic Party and Liberi e Uguali for a side and those of the MoVimento 5 Stelle and di Italia Viva on the other, resolved by Conte with the commitment of the red zone for eight days, are essentially two:
- The first are the dates of the red zone: while the hard end continues in the position of decreeing it from December 24 to January 7 (a position that however seems destined to fall), the line that seems to prevail is that of the hiccup block in the days of Christmas and New Year, but in the meantime the possibility of closing on January 5 and 6 has also appeared, thus approaching ten o’clock;
- the second, explains today The messenger, is the derogation so that “a maximum of two non-cohabiting relatives” visit “first or second degree relatives” even outside municipal or regional borders. The condition that these are “elderly parents” or “in a situation of fragility” is bound to fall.
The newspaper predicts that with this formulation, Christmas and other holidays could be spent with children who do not live together, with siblings and with second-degree relatives, but maintaining the limit of two people. In this way, the government would take home the objective of not allowing dinners and parties between different families, which was possible with the provisions of Decree Law December 2 n. 158 and Dpcm December 3 – but it would give Italians the possibility of having a Christmas 2020 and a New Year 2021 quite similar to other years. It will be enough
EDIT ORE 11.54: On the subject of vacation travel “we are considering, and had asked, a small exception to not leave anyone alone on Christmas Day, treating the metropolis differently from small municipalities.” This was explained by the president of Emilia-Romagna Stefano Bonaccini, taking stock of the ongoing confrontation between the Regions and the Government in the next Dpcm. Regarding the number of family members who will be able to move, Bonaccini reiterated, speaking live on Mattino 5, that “these are not easy decisions to make, when you imagine some exceptions. We have never said one or two” people “because I do not think it is one our task to open a debate on this. “
