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There Constitutional Court Yes is expressed on the constitutional legitimacy of thevaccination obligation, introduced in 2021 as a tool to curb the Covid-19 pandemic and cause of strong controversies and judicial appeals since its first days of “life”.
The story:
The 100 euro fine will affect people over 50 and personnel in the categories for which the obligation to receive vaccines against Covid-19 was envisaged, such as health personnel, law enforcement
The judgement
As stated in a note“the Court found inadmissible, for procedural reasons, the question relating to the impossibility, for those exercising the health professions who have not fulfilled the vaccination obligation, to carry out the work activity, when it does not involve interpersonal contacts. On the other hand, the choices of the legislator adopted in the pandemic period on the vaccination obligation of healthcare personnel were considered neither unreasonable nor disproportionate. Finally, the questions proposed with reference to the provision which excludes, in the event of non-fulfilment of the vaccination obligation and for the time of suspension, the payment of a check to be paid by the employer for those who have been suspended were also considered unfounded ; and this, both for health personnel and for school personnel”.
The appeals
Against the legitimacy of the vaccination obligation, the courts of Brescia, Catania and Padua, the Lombardy Regional Administrative Court and the Council of Administrative Justice of the Sicily region. In particular, the clash ignited on the decree law of April 1, 2021 number 44 (converted, with amendments, by the law of May 28, 2021, number 76) and on that of March 24, 2022 number 24, which established thevaccination obligation for health workersunder penalty of suspension from work and salary, until 31 December 2022, but terminated by the Meloni government on 1 November last, with the decree law of 31 October 2022, number 162).
In summary, the requests of these judicial offices can be gathered in three essential points. The first concerned the failure to predict, for the unvaccinated, the possibility of being employed in tasks that do not involve contact with the publicthus ensuring access to pay. The second disputed the vaccination obligation also for those who carried out their work a distance, and therefore without any risk of contagion. Finally, the imposition of the administration of doses without the guarantee that the vaccine did not cause was also challenged side effectseven serious.
The Constitutional Court has already expressed itself in the past in favor of vaccination obligationsin the name of balance between individual interestsof those who do not want to undergo medical treatment, and those of the community, which must protect itself as a whole from a pandemic. The approach of the Court has always respected theself-determination of the individual citizen or single citizen, guaranteeing it until it was found to be in conflict with the safeguarding of the well-being of the community as a whole. For this reason, the disputes and legal discussions have not only concerned the effectiveness of vaccines in the fight the virusbut also their effectiveness in the limit its spread.
After the clash with the regions, over the obligation to wear masks in health facilities, the government has taken a step back. While the obligation to vaccinate healthcare personnel has been lifted from November 1st
Evolution of compulsory vaccination
The vaccination obligation didn’t just concern healthcare personnel, even if, understandably, I was there first category to be interested in it in the toughest phases of the health emergency. After them, starting from December 15, 2021, the obligation was also extended to the school staffto that of the defenceof the safetyof the public aidof the local police and to the staff penitentiary.
Following the establishment of the Draghi governmentwith a decree of 5 January 2022, the Council of Ministers extended the vaccination obligation also to university staffwithout age limits, and to all people over 50 years old, under penalty of a fine of 100 euros. After a few weeks, the Draghi government decided to strengthen the measure by introducing the obligation, for all workers over 50, to present the enhanced green pass in the workplaceunder penalty of suspension of one’s office and salary and fines from 600 to 1,500 euros for anyone found in breach of the obligation.
The League also contributed to approving these measureswho sat, who sat in the Council of Ministers of the Draghi government, approving its provisions, even if it is now presented to the public as if it had been in opposition at the time.
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