Covid-19. The decree-law of May 16, 2020 no. 33 introduces new measures to extend Phase 2 to hitherto suspended economic and social activities. And the gradual restoration of freedom of movement. (1) An in-depth look at the rules established until July 31, 2020.
Economic and productive activities
‘Economic, productive and social activities. must be carried out in accordance with protocols or guidelines suitable for preventing or reducing the risk of infection in the relevant area or similar areas, adopted by the regions or the Conference of Autonomous Regions and Provinces in accordance with the principles contained in the national protocols or guidelines. In the absence of regional ones, nationally adopted protocols or guidelines shall apply’. (DL 33/20, Article 1.14)
The ‘guidelines‘ adopted on 16.5.20 by the Conference of Regions and Autonomous Provinces – to whose illustration we refer above – are therefore the starting point to apply throughout the country. Also taking into account the measures being published by the various regions. Failure to comply with the contents of the guidelines, as noted above, results in administrative sanctions and closure of activities ‘until safety conditions are restored.’
Further measures limiting economic, productive and social activities may be adopted, ‘subject to the principles of adequacy and proportionality,’ by decrees of the Prime Minister. That is, with other ‘acts adopted on the basis of the decrees and ordinances issued under‘ DL 23.2.20 (converted with amendments into Law 5.3.20, No. 13), or even with regional ordinances.
Freedom of movement in Italy
As of 18.5.20, limits on the movement of individuals within each Region are lifted.
New limits may be introduced, only on specific areas of regional territories, in case of ‘particular aggravation of the epidemiological situation’ (Articles 2, 3).
Until 2.6.20, travel to a Region other than the one where you are located is prohibited. Except ‘for proven business needs, absolute urgency or health reasons,’ or to return to one’s home, dwelling or residence. With self-certification.
Since 3.6.20, interregional shifts can be restricted only by Prime Ministerial Decrees (DPCMs), ‘on specific areas of the national territory, according to principles of appropriateness and proportionality to the epidemiological risk actually present in those areas.’ (2)
Consequently, enclaves are not allowed on arbitrary regional presidents, which Regent Vincenzo De Luca persists in threatening in Campania. (3)
Freedom of movement to/from abroad
Until 2.6.20 travel to/from abroad is prohibited. Except for the territories of the Vatican and San Marino, as well as cases of proven work requirements, absolute urgency or health reasons. In addition to returning to one’s home, dwelling or residence.
Since 3.6.20, freedom of travel to/from abroad can only be restricted by DPCM. ‘Also in relation to specific states and territories, according to principles of appropriateness and proportionality to epidemiological risk‘.
Quarantine
Persons quarantined by order of the health authority – ‘because theytested positive for COVID-19 virus‘ – are subject to an absolute ban on mobility, outside the home or abode where they are.
The ban applies until recovery is established. That is, to admission to a health care facility or other facility. It is evident, moreover, that mobility should be precluded until recovery is established even in the case of hospitalization.
Violation of the quarantine isolation ban constitutes a misdemeanor punishable by arrest up to one year and fine. Penalty increased if the act is committed by a person exercising a health profession. (4)
‘Precautionary quarantine’
Instead, ‘precautionary quarantine‘ is applied ‘by order of the health authority to individuals who have had close contact with confirmed cases of COVID-19 positive individuals.’ (5) But what does it mean?
Reasoning otherwise, this assumption does not result in the mobility ban, as it is expressly restricted to cases of positivity to the new coronavirus. If one were to ban all cohabitants of infected people from going out, for that matter, one would have to organize home delivery services for essential goods that even the large-scale retail trade has not been able to offer, in 2 months of emergency (!)
Sociality
Vis-à-vis sociality continues to be regulated with the lexicon of public safety regulations. It is thus ‘prohibited to assemble people in public places or places open to the public.’ A diktat that is only apparent, since it is belied by the very predictions of reopening public offices and businesses.
The rationale is evidently to prevent risks of infection through direct contact, which in the case of SARS-CoV-2, it is stressed, can also occur through infected but asymptomatic people. Direct contact should therefore be prevented-beyond stable and close relationships (cohabitants, partners)-by:
– interpersonal safety distances, which must be strictly adhered to at all times and everywhere, except only when helping people with disabilities,
– use of masks, which is always prescribed in enclosed environments throughout Italy (from the DPCM 26.4.20). Where applicable also prescribed in open spaces, based on regional ordinances (to be verified from Region to Region).
If people actually observe the safety distances-and, as the case may be, the requirements established in individual environments as well as the use of masks-there is therefore, in the opinion of the writer, no case of ‘assemblage’ prohibited by the rule. Subject to the additional limitations set forth below.
Events and demonstrations
Pending of further government measures, which will follow in due course, ‘the demonstrations, events and shows of any nature with the presence of the public, including those of a cultural, recreational, sports and exhibition character, as well as any convention or congress activity, in a public place or open to the public’ will take place – ‘where deemed possible based on trends in epidemiological data’ – only as a result of regional ordinances. In the manner set forth therein.
Other social activities
Instructional activities in schools of all levels-as well as attendance at school and vocational and university training activities-are carried out in a manner to be defined by government or regional measures. Religious services in turn are held in accordance with protocols signed by the government and the respective denominations.
‘Meetings shall be held ensuring that the interpersonal safety distance of at least one meter is respected.’ (DL 33/20, Article 1, Paragraphs 9 and 10)
Mayors may , however, order ‘the temporary closure of specific public areas or areas open to the public where it is impossible to adequately ensure compliance with the interpersonal safety distance of at least one meter .’
Monitoring and regional variations
Regions are obliged to report daily–to the Ministry of Health, ISS (Istituto Superiore di Sanità) and the Technical and Scientific Committee–the trend of the epidemiological situation in their territories and, ‘in relation to this trend, the conditions of adequacy of the regional health care system.’
On this basis, the presidents of the regions, while simultaneously informing the minister of health, can ‘introduce derogatory, expansive or restrictive measures.’
For more details on precautionary measures and PPE (personal protective equipment), please refer to the
Volume I – People
of the trilogy ‘COVID-19, abc‘. On the other hand, to learn more about good practices to be applied in the different operating sectors, with particular regard to the food sector, we recommend reading Volume II – Society.
Dario Dongo
Notes
(1) Decree Law 16.5.20 no. 33. Additional urgent measures to cope with the epidemiological emergency from COVID-19 (20G00051). In OJ General Series 16.5.20 no. 125, https://www.gazzettaufficiale.it/eli/id/2020/05/16/20G00051/sg
(2) DL 16.5.20 no. 33, Article 1.3. With reference to DL 25.3.20 no. 19, Article 2
(3) Phase 2, De Luca does not sign the State-Regions agreement: ‘Campania will not reopen on Monday’. TGCom24. 5/17/20, https://www.tgcom24.mediaset.it/politica/fase-2-de-luca-campania-non-ha-firmato-intesa-stato-regioni_18388586-202002a.shtml
(4) DL 33/20, Article 1.6. With reference to Testo unico leggi sanitarie (RD 27.7.34 no. 1265) article 260
(5) (4) DL 33/20, Article 1.7
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
