The TAR annuls the order of the Lazio Region on the obligation of influenza vaccines for people over 65 years: “The competence belongs to the central State”

The competition setting the threshold between the obligation and the recommendation depends on the state legislator and cannot be waived by the regions: with this motivation the Tar canceled the ordinance with which the president of the Region on April 17, Nicola Zingaretti, had imposed the obligation of flu vaccine seasonal for all people above 65 years old, as well as throughout the health personnel me socio-sanitary operating in the region, recommending it for children between six months and six years. The Administrative Court accepted an appeal filed by the National and Lazio Code Association.

The TAR argued that “the possibility that the Regions can legislate in areas reserved to the state legislator is not denied by the Constitutional Court”, but “on condition that the ‘beginning‘set by state law ”. “In the present case the ‘threshold’ set by the state legislator between the obligation and the recommendation of the flu vaccine – it reads – could not be repeal not even from the regions in melius, that’s in the sense more restrictive“.” Covid’s emergency legislation does not allow similar regional interventions in the field of mandatory vaccines, “continues the Tar. The provisions, the administrative judges stress,” do not contain provisions that may authorize the regions to adopt this type of ordinance when the phenomenon assumes, as in the present case, anational rate. The constitutional order does not tolerate regional interventions of this type, essentially aimed at altering some difficult balances reached by the organs of central power. “And the conclusion is that” beyond the reasonableness of the measure, its introduction Does not fit within the scope of regional powers but, in any case, only in state one“.

“Given the enormous scale of the pandemic, it is the government that it has to make similar decisions and thanks to this ruling the correct regulatory order is restored ”, he declares. Ivano Giacomelli, National Secretary of Codes, commenting on the decision of Lazio TAR. “We want to clarify it, clear the field of misunderstandings: for us the problem is not vaccine yes-vaccine no, but the need to address global shape me coherent the situation, adopting initiatives that are based on certain scientific bases and that do not trample on the rights of citizens ”, adds Giacomelli. “The influenza vaccine that is appealed does not protect against all circulating strains, has no value at the level of immunity herd, as it is considered regional when to count is the national“In addition, Giacomelli continues,” it is only effective in a proportion that between 70% and 85% of those vaccinated. In our opinion, there are other ways to pursue counter Covid ”, he concludes.

OUTER MASK – Since Saturday in Lazio becomes required use the mask even outdoors. “Who will violate this ruler will be sent to plus expected “, explained the governor Gypsies, during a press conference in Spallanzani in which he announced the signing of the new ordinance. Children are excluded from the obligation under six years, who has pathologies and “those who carry out motor or physical-sports exercise“.” It is an important prevention tool, “added Zingaretti, specifying that at the moment there is” no form of containment in Schedule some stores, locals and pub ”.

SALIVARY TESTS – During the press conference, Zingaretti also announced the purchase of one million saliva tests of the Region: “It is a very important novelty. Being less invasive, they allow you to start next week from schools with younger children while in high school the quick swabs continue ”, explained the governor. “We activated the pilot project of tests in schools. We will start with Tuesday in two comprehensive institutions, “added the regional health counselor Alessio D’Amato during the press conference. “So far we have carried out 240 interventions in schools and we registered a positivity of 290 almostD’Amato added. A fact, said the commissioner, that “is within our expectations.”

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