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Covid, Sentinelle Constitution: “Green pass at 12 months? Worrying, non-extendable state of emergency”


The announcement of a probable extension of the green certificate from 9 to 12 months from the second dose “is very worrying because the Italian state of emergency according to current regulations cannot be extended beyond next December 31”. In Italy, Article 16 of the Constitution mandates the law to determine, in general, national emergency limitations and the law establishes that the duration ‘cannot exceed 12 months, and can be extended for no more than a further 12 months’ . Edoardo Polacco, lawyer and president of the Sentinels Association of the Constitution, talks about it with Adnkronos Edoardo Polacco, followed by about 200 thousand people. “Legally speaking, it is a very serious fact. To the current regulatory offenses, further damage is being added, even more illogical, given that to extend the state of emergency, Parliament would have to issue another special law, not a simple decree”. The request of the Ministry of Health which on Friday will be examined by the CTS and the possibility of extending the green certificate then through an amendment on the occasion of the conversion in the Chamber to the Chamber of the decree of August 6 n.111 (which extends the obligation of green pass to means of long-distance transport), according to the jurist “would still limit the freedoms provided for by our Constitution while the concept is clear: from December 31, the green passes expire because the state of emergency cannot be further extended”. “We will file appeals in all courts. We will wait for the implementing rule of the decree to challenge it in the hope that it will end up in the Constitutional Court. To date, the green pass is a discriminatory and coercive instrument: The provision of the buffer is not sufficient to guarantee the rights of all because it is paid; and reluctance of the Government to allow for obtaining certification through free salivary swabs seems to be a persistence – c ommenta – With free salivary, which a circular from the Ministry of Health last May validated to be effective, everyone could circulate and there would finally be a glimmer of democracy. Furthermore, we would have the demonstration – concludes the activist – that there is no coercive purpose towards those who do not want to get vaccinated, there is no persistence against those who, choosing not to undergo immunization, must undergo the torture of a stick in the back of the nose. “. (by Roberta Lanzara)


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