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The new regulations in force for Christmas and New Years are contained in a decree law and in a DPCM (Decree of the Prime Minister) approved last week by the government. The decrees provide both general rules, effective from December 4, and specific rules for the Christmas period, from December 21 to January 6.
Answers to some of the most common questions about what can and cannot be done during that time have been posted on the government website:
The dpcm of December 3, 2020 establishes that, despite the prohibitions, from December 21 to January 6 it is still possible to return to one’s residence, domicile or home. What is meant by these three terms?
- Residence
Residence is legally defined as the place where the person has his habitual residence. Residency results from personal records and, therefore, can be known accurately and verifiably at all times. - Home
Domicile is legally defined as the place where a person has established the principal place of business and interests. The address may be different from the residence. - accommodation
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.
To give one more example, people who for work reasons live in a place other than their spouse or partner, but who meet him regularly and periodically at the same address, may move to meet again during the period of December 21 from 2020 to January 6, 2021 in the same house where they usually meet.
My spouse / partner and I live in different cities for business needs (or other reasons). Will it be possible for him or me to meet him, even after December 21, to spend the holidays together?
It will be possible if the place chosen for the reunification coincides with the one where you have your residence, domicile or domicile, defined in accordance with the previous frequently asked questions.
The rules about travel, store openings, restaurants, etc. Will they be valid for everyone, regardless of the “color” of the area where you live or where the store or restaurant is located?
No, the distinctions between the red, orange and yellow areas are still valid.
In which cases is it possible to move to the second home in the period between December 21, 2020 and January 6, 2021?
Since from 10 p.m. to 5 a.m. (and until 7 a.m. on January 1, 2021) any movement is prohibited, except for work, health or necessity reasons, the rules to follow to go to second homes are as follows:
- in the yellow and orange zone, if the second house is in the same municipality, you can always go (at the times already specified);
- exclusively in the yellow zone, if the second home is in the same region, but in a different municipality, you can go there during the entire period 21 / 12-6 / 1, with the exception of December 25 and 26, 2020 and the January 1, 2021.
My spouse / partner will be moving into our second home in another region on December 20th. Will I be able to meet with him between December 21 and January 6? And if our younger children move with him / her to the second house, could I join them?
The answer is “no” to both questions. The dpcm provides for the prohibition of going to second residences in another region from December 21, 2020 to January 6, 2021. The prohibition also applies to second residences located in another municipality, on December 25 and 26, 2020 and January 1, 2021. Therefore, in the example shown (second residence in a different region), if you intend to spend the holidays together, you must be in the same place before December 20, 2020.
Of course, moving to the second home outside of a region other than the one of residence or habitual residence is only allowed on the condition that the second home is not located in regions that, as of December 20, are in the orange zone or red. . In these cases, in fact, the entry bans to regional territories are maintained (articles 2 and 3 of the decree of December 3).
My family and I will be moving into our second home in another region on December 20th. I will have to go back to work in my home region for a few days. Will I be able to return to them before January 6?
No. Transfers to second homes in a region other than yours are allowed only before December 20 and after January 7 and, in any case, only if the place of departure and destination are in the yellow zone .
Therefore, in the specific case, the transfer of the second home to the workplace in the period between December 21 and January 6 cannot be used as justification for a new return to the second home, in another region , in the same period.
My parents, elderly but in good health, live in a different region than mine. Can I visit them during the holidays?
Displacements to visit or go live for a few days with family or friends, including their parents, will be possible for everyone only if they move from one place in the yellow zone to another in the yellow zone, exclusively until December 20, 2020 and from January 7, 2021.
In the period from December 21 to January 6, these movements will be allowed, always exclusively between places in the yellow zone, only if you have residence or domicile or your domicile in the autonomous community / province of destination. In any case, on December 25 and 26 and January 1 it will only be possible to move within the municipality itself.
In any case, it will be possible to move between different municipalities / provinces / regions for work, necessity or health reasons.
Can separated / adoptive parents travel between December 21 and January 6 to go to different municipalities / regions or abroad to spend the holidays with their minor children, in compliance with the provisions of the judge or the agreements with the another parent?
Yes, as already specified, these movements are among those motivated by “necessity”, so they are not subject to limitations. In the case of trips to / from abroad, in any case it is necessary to consult the corresponding section of the website of the Ministry of Foreign Affairs and International Cooperation to obtain information on the specific health requirements related to the country from which you come or are must go out.
I have relatives who are not self-sufficient who live alone at home, in another municipality / region, and whom I attend regularly. Will I be able to continue doing this also from December 21 to January 6? Will my spouse / partner and our children come with me?
The movement of care to non-self-sufficient people will also be allowed from January 21 to 6, even between municipalities / regions of different areas, where it is not possible to provide the necessary assistance through other subjects present in the same municipality / region.
However, it is not possible to transfer more than the people strictly necessary to provide the necessary assistance: as a general rule, the need to provide assistance cannot justify the movement of more than one adult relative, possibly accompanied by minors who are usually already assisting .
Under the new dpcm is it allowed to go to another municipality or region for tourism?
Tourism trips within the national territory are allowed, and in any case exclusively with departure and destination in the yellow zone, if the departure takes place before December 20, 2020 or as of January 7, 2021. Extra-regional tourism travel in Italy between December 21 and January 6.
In case of finding an infringement of the provisions of the dpcm that I do not consider motivated, how can I assert my reasons?
The assessment of the existence of justifying reasons, and in particular of situations of necessity, with respect to the various situations that may occur in each specific event, is in charge of the competent authority indicated by article 4, paragraph 3, of the Decree-Law . north. 19 of 2020 (which, due to violations of the provisions of the CPMD, is usually the Prefect of the place where the violation was found). The citizen who does not agree with the evaluation report of the violation prepared by the operative agent can, therefore, send written and defensive documents to the Prefect, in accordance with the provisions of Articles 18 and following of the Law of 24 November 1981, n. 689.
Can I go to visit a relative who, despite being self-sufficient, lives alone, to alleviate his loneliness during the holidays, without prejudice to the travel restrictions provided by the dpcm?
No. Normally, the state of need is configured only with respect to non-self-sufficient people who, therefore, need to be attended to continuously. Therefore, in general, alleviating the loneliness of lonely but self-sufficient people does not integrate a situation of need.
More generally, it should be clarified that the assessment of the possible existence of reasons of necessity, in each specific case, with respect to the various situations that may occur, remains the responsibility of the competent authority indicated in article 4, paragraph 3, of the Decree Law. north. 19 of 2020 (which, due to violations of the provisions of the CPMD, is usually the Prefect of the place where the violation was found). The citizen who does not agree with the infraction evaluation report prepared by the operative agent can, therefore, send written and defensive documents to the Prefect, in accordance with the provisions of the Articles. 18 and following of the law of November 24, 1981, n. 689.
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