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DECREE-LAW 24 March 2022, n. 24 - Urgent provisions for overcoming the measures to combat the spread of the COVID-19 epidemic, as a consequence of the cessation of the state of emergency.

DECREE-LAW 24 March 2022, n. 24 - Urgent provisions for overcoming the measures to combat the spread of the COVID-19 epidemic, as a consequence of the cessation of the state of emergency.

Dear friends, let us try to read together the text of the latest decree, which "regulates" the progressive relaxation of the measures which, up to now, were linked to the state of emergency and which instead continue today even without this existing. From here we can already understand how distant we are from the idea of ​​"return to freedom" as much desired as it is heralded (inappropriately).


Article 1 - Provisions aimed at favoring the return to the ordinary following the cessation of the state of emergency due to COVID-19

In fact, already atArt 1 let's read:

"1. In order to adapt to the evolution of the state of the COVID-19 pandemic, the organizational, operational and logistical measures issued with civil protection orders during the validity of the state of emergency (...) recently extended until 31 March 2022, preserving, until 31 December 2022, the necessary operational and prompt reaction capacity of the structures during the phase of gradual return to the ordinary, one or more ordinances may be adopted (...) they may contain derogatory measures in the areas referred to in the first sentence, identified in compliance with the general principles of the legal system and the rules of the European Union, with limited effectiveness until 31 December 2022. "

Translated, the state of emergency ends, but we reserve the right to issue new measures, potentially unlimited in number and up to the end of the year.


Article 2 - Urgent measures related to the termination of the functions of the extraordinary Commissioner for the implementation and coordination of measures to contain and combat the epidemiological emergency COVID-19

Continuing toArt 2, still: "In order to continue to have, even after 31 March 2022, a structure with adequate capacity to respond to possible worsening of the national epidemiological context due to the COVID-19 epidemic, (...) from 1 April 2022 , a Unit is temporarily set up for the completion of the vaccination campaign and for the adoption of other measures to combat the pandemic, which operates until December 31, 2022. The director of the Unit is appointed by decree of the President of the Council of Ministers " (then appointed by dragons). And he continues: "The Unit takes over in all active and passive relationships headed by the Extraordinary Commissioner for the implementation and coordination of the containment and contrast measures of the epidemiological emergency COVID-19 (.. .) ".

So, via the extraordinary commissioner but here is the special unit that essentially takes all the powers.


Article 3 - Discipline of the power of ordinance of the Minister of Health regarding entry into the national territory and for the adoption of guidelines and protocols related to the COVID-19 pandemic

L'Art 3 establishes that, in a nutshell, the Minister of Health will be able to continue to establish limitations on individual freedoms, in fact the Law Decree 52/2021 is being amended by replacing Art. 10 / bis as follows:

"" Art. 10-bis - 1. (...) starting from 1 April 2022 and up to 31 December 2022, as a consequence of the cessation of the state of emergency and in relation to the epidemiological trend, the Minister of Health, with its own ordinance:

  1. in agreement with the competent Ministers for the matter or in agreement with the Conference of Regions and Autonomous Provinces, it can adopt and update guidelines and protocols aimed at regulating the safe performance of services and economic, productive and social activities;
  2. having consulted the competent Ministers for the matter, it may introduce limitations to travel to and from abroad, as well as impose health measures depending on the same travel. ""

So, slowly to exult, an interpretation of the rising numbers will suffice to re-issue provisions of limitations on activities (economic, productive AND SOCIAL).
In reference to this article, we ask ourselves a question: why go to specify something that is already in the prerogatives of the Government? We will find out perhaps in September-October.


Article 4 - Isolation and self-monitoring

L'Art 4 isolation and quarantine norms, those who are positive continue to remain in isolation, until the cure is ascertained. There is also self-monitoring for close contacts, tampons in case of symptoms, etc. "The procedures for implementing paragraphs 1 and 2 are defined with a circular from the Ministry of Health. The termination of the isolation regime referred to in paragraph 1 follows the negative result of a rapid or molecular antigen test for the detection of SARS-CoV-2 , also carried out in private centers authorized to do so. "


Article 5 - Respiratory protective devices

THEArt 5 it concerns use of masks, surgical or FFP2. Basically everything unchanged until April 30, then extends the use of FFP2 where foreseen and of surgical indoors, from April 1 to 30. (we cannot say "no masks from May, given the considerations already made at the beginning: they can do and undo at will at any time).


Article 6 - Gradual elimination of the basic green pass

Art 6 "1. From 1 to 30 April 2022, access to the following services and activities is allowed throughout the country only to subjects with one of the COVID-19 green certifications for vaccination, healing or testing, the so-called basic Green Pass:

  1. canteens and continuous catering on a contractual basis;
  2. catering services carried out at the counter or at the table, indoors, by any establishment, with the exception of catering services in hotels and other accommodation facilities reserved exclusively for customers staying there;
  3. public competitions;
  4. public and private training courses, without prejudice to the provisions of article 9 -ter .1 and articles 4 -ter .1 and 4 -ter .2 of the decree-law of 1 April 2021, n. 44, converted, with modifications, by law 28 May 2021, n. 76;
  5. face-to-face visual interviews with inmates and inmates, inside prisons for adults and minors;
  6. public participation in shows open to the public, as well as in sporting events and competitions, which take place outdoors. "

The Green Pass has been repealed for: 

  1. personal services;
  2. public offices, postal, banking and financial services, commercial activities
  3. face-to-face visual interviews with inmates and inmates, inside prisons for adults and minors.

The Green Pass requirement for entry to schools and universities remains until April 30 (instead of March 31) (for access to school, education and training, plus access to higher education facilities).

Also up to 30 April, a basic green pass (no longer strengthened) is also required for means of transport (for details, read the text).

The obligation of a basic green pass for public administration personnel, institutions, the Bank of Italy, etc. has also been extended to 30 April; as well as for the magistrates, as well as for the private sector. This means that the basic Green Pass obligation is also extended by one month for private workers.


Article 7 - Gradual elimination of the reinforced green pass

Art.7 paragraph 1 is replaced by the following: «1. From 1 to 30 April 2022, on the entire national territory, access to the following services and activities is allowed only to subjects in possession of COVID-19 green certifications for vaccination or recovery, the so-called reinforced green pass:

  1. swimming pools, swimming centers, gyms, team and contact sports, wellness centers, also within accommodation facilities, for activities that take place indoors, as well as spaces used for changing rooms and showers, with the exclusion of the certification requirement for carers of people who are not self-sufficient due to age or disability;
  2. conventions and congresses;
  3. cultural centers, social and recreational centers, for activities that take place indoors and with the exception of educational centers for children, including summer centers, and related catering activities;
  4. feasts, however named, consequent and not consequent to civil or religious ceremonies, as well as events similar to these that take place indoors
  5. gaming rooms, betting rooms, bingo halls and casinos;
  6. activities that take place in dance halls, discos and similar places;
  7. public participation in shows open to the public, as well as in sporting events and competitions, which take place indoors. "

The following article of the Legislative Decree 44 is extended until the end of the year: 1-bis. "(...) the access of visitors to the facilities referred to in paragraph 1 is allowed only to subjects with a green COVID-19 certification, issued following the administration of the booster dose following the primary vaccination cycle.

Same provision for "visitor access to hospital wards". Until the end of the year, if you are not vaccinated with a booster, you will not be allowed to visit relatives or friends in hospital. You call them, if you like, normality.


Article 8 - Vaccination obligations

Now let's move on to the VACCINAL OBLIGATIONS chapter, with theArt.8: is extended until 31/12 for health workers and employees of health facilities.

Here too, the state of emergency is no longer a prerequisite, in this case to impose health treatment: in fact, vaccination is mandatory for health workers persists until the end of the year! (paragraph 1)

Not only that, even all the workers employed in these structures will continue to undergo the vaccination obligation until December! (paragraph 2)

The consequences are the usual suspensions without salary and so on. (NB on this point we believe that in any case the judiciary will have to look for other excuses to make everything pass as lawful, where the sentences enacted so far all included, among the justifications, the existence of the state of emergency and the temporariness of the measures, while here by now these measures have lasted for a year and will last until the end of 2022, for a total of 18 consecutive months, although ending the state of emergency.

If it is true that several very recent judgments would seem to mark a change of pace by some judges, with constitutional and suspensive doubts, here we hope to see the entire schedule rejected, which in fact prevents the existence of entire families with a vexatious blackmail that is no longer even supported by the state of emergency. (Infamous.)

The only significant variation for healthcare professionals is the following: «In the event of healing, the territorially competent professional association, at the request of the interested party, orders the temporary termination of the suspension, until the expiry of the term in which the vaccination is deferred based on the indications contained in the circulars of the Ministry of Health. The suspension automatically resumes if the interested party fails to send the vaccination certificate to the professional association within and no later than three days from the expiry of the aforementioned deferral period. "
As usual, we refer to more than smoky circulars rather than indicating peremptory terms.

On the point of the postponement planned for recovery we have not yet come to the head of a certain data, however it seems to foresee 4 months from recovery.

Obviously this will ensure that many will be able to return for a very short time, perhaps having been healed for some time, and still others cannot return at all (also on this, it would be interesting to consult the judges on the fact that it is legal to introduce during the work a suspension of a provision that was not there until yesterday: a recovered person in October remained without a salary always and continuously, a recovered in February will be able to enjoy a reintegration of only 2 months, one who heals in April is made 4 months with salary? Where would the fairness be of the norm?)

Even those who work for any reason in these structures see the obligation extended to the end of the year (c) personnel who carry out their work in any capacity in the structures referred to in Article 8-ter of Legislative Decree 30 December 1992, n. 502, with the exception of those who work with external contracts, without prejudice to the provisions of articles 4 and 4-bis;).

For these, the same provisions apply as for health professionals in the event of recovery: in paragraph 3, last sentence, the words "June 15, 2022." are replaced by the following: "December 31, 2022. In the event of healing, the provision of article 4 paragraph 5 applies (even if this paragraph 5 concerns precisely the professional associations and therefore it is not clear who should verify the cure , to whom it should be communicated, and who then arranges the new suspension).

Obligations for the school, defense, security and public rescue, local police, judicial, penitentiary, university, dance, etc. sectors. for these categories the obligation remains, including the third dose, until June 15, 2022, but without suspensions (therefore only a sanction). In this regard, an Art 4-Ter.1 is added to Legislative Decree 44.

As for the mandatory but not suspended categories - over fifty, scholastic, penitentiary, etc.: from 01 April to 30 April 2022 it is compulsory to possess and submit the basic green pass:
"Art. 4-quinquies (Use of COVID-19 green certifications in the workplace for those who are subject to the vaccination obligation pursuant to articles 4 -ter.1, 4-ter.2 and 4-quater). - 1. Without prejudice to the vaccination obligations and the related sanctioning regime referred to in article 4-sexies, the subjects referred to in articles 4-ter.1, 4-ter.2, paragraph 3, last sentence, and 4-quater , until 30 April 2022, for access to the workplace, they must possess and, upon request, exhibit one of the COVID-19 green certifications for vaccination, healing or testing, the so-called basic green pass referred to in Article 9, paragraph 1, letter a-bis, of the decree-law 22 April 2021, n. 52, converted, with modifications, by the law of 17 June 2021, n. 87. The provisions of articles 9-ter.1, 9-ter.2, 9-quinquies, 9-sexies, 9-septies, 9-octies, and 9-novies of the decree-law no. 52 of 2021. ".

Therefore, these categories are no longer obliged with a reinforced green pass, but they will have to be able to show the base, until April 30, to work. 


Article 9 - New ways of managing cases of positive SARSCoV-2 infection in the education, school and training system

Art. 9, on the other hand, concerns the management of positive cases in the school system:

"Until the end of the school year 2021-2022, with at least four cases of positivity among the children and pupils present in the class section or group, the educational and didactic activity continues in the presence for all and the teachers and educators as well as the pupils over six years of age use FFP2 respiratory protective devices for ten days from the last contact with a COVID-19 positive person. "

At the first appearance of symptoms and, if still symptomatic, on the fifth day following the last contact, a rapid or molecular antigen test must be performed, even in authorized private centers, or a self-administered antigen test for the detection of the SARS-CoV- antigen. 2. In this last case, the negative result of the test is certified with a self-certification.

The masks and spacing for all remain in force: "5. Until the end of the school year 2021-2022, the following safety measures continue to be applied in the institutions and schools referred to in this article as well as in the higher technical institutes:

  1. it is compulsory to use protective devices for the respiratory tract of a surgical type, or of greater protective efficacy, with the exception of children up to six years of age, for persons with pathologies or disabilities incompatible with the use of the aforementioned devices and for carrying out sports activities;
  2. it is recommended to respect an interpersonal safety distance of at least one meter unless the structural-logistical conditions of the buildings do not allow it "

Article 10 - Extension of deadlines related to the COVID-19 pandemic

Art. 10 concerns the bureaucratic management of certain professional figures and we leave the possible analysis of this article to you if you are interested in learning more about an area that is not our responsibility.


Article 11 - Sanctions and controls

We pay particular attention toArt 11 which, as regards sanctions and controls, reintroduces the closure of company / commercial activities, etc. in case of repeated violation. Very unusual is the fact that in the Law Decree in which the restrictions regarding the Green Pass are relaxed, it tightens on the lack of verification.


Article 12 - Provisions regarding the extension of the special units of continuity of care and contracts in favor of medical specialists

This article does not change anything, the rules that had instituted a strengthening and establishment of special units are repealed, that is, those doctors who had to have the home management of patients suffering from COVID-19, but we all know that if you had COVID-19 symptoms nobody he came home to visit you.


Article 13 - Collection of data for the integrated surveillance of SARS-CoV-2 and for monitoring the epidemiological situation and the adequacy conditions of regional health systems

Furthermore, in Art. 13, inform us that they will continue to manage our health data and collect data for the epidemiological situation; but not only: “2. For the purposes of monitoring immunological responses to the infection and vaccines administered for the prevention of SARS-CoV-2 infection to be carried out in compliance with the procedures agreed with the Ministry of Health, even after March 31, 2022, the latter transmits to the Higher Institute of Health in interoperability with the platform referred to in paragraph 1, the individual data relating to the subjects administered doses of the anti SARS-CoV-2 vaccine contained in the National Vaccine Registry (...)

This is pretty much everything. We have tried not without difficulty to simplify this forest of changes, additions and abrogations; however, everyone is invited to check the text in the Journal and to deepen his / her areas of interest; now we allow ourselves some personal considerations.

Nothing in all that is written portends a "free all"; Nothing in the way in which it is proposed creates the conditions for concluding this shameful chapter of Italian history, indeed, honestly, everything we have read is even worse than what we have seen so far: all the restrictive and anti-constitutional measures seen so far are released from the state of emergency.

Basically, the Italian population continues to be hostage to the political whims of the usual suspects, as well as obviously the trend of the cases, which will continue to be monitored with the same morbid attention and with the same possibility of statistical interpretation / manipulation seen so far. The "green pass" instrument remains in force, dormant after April 30 but always there ready to return to the scene.

In other words, the state of emergency ends and the follies perpetrated for two years become the new normal.

 



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