Green pass and work, until when will it be mandatory?

Until when will the Green pass be mandatory at work? Many people wonder, especially those workers who, in order not to get the vaccine, would like to stay until December, when the state of emergency should expire. But does it really all fall off with the end of the year? The art. 16 of the Constitution, recalls laleggepertutti.it, does not subject the limitations to the prior declaration of a state of emergency. A simple law of the Government or Parliament, adopted even in the absence of a state of emergency, is sufficient for the limitations to the freedom of movement. With or without a state of emergency it is possible to restrict freedom of movement. It could not be otherwise: the law that defines the cases in which it is possible to declare a state of emergency is a legislative decree of 2008, n. 1 (Article 24 paragraph 3). And here we come to the mathematics: our Constitution is from 1948 while the law on the state of emergency is 60 years later. The constituent fathers could not therefore make the limitations subject to the conditions of a law that did not yet exist. Does everything expire in December 2021? It is said: “In any case, the law prohibits the renewal of the state of emergency for another two years, so everything falls away”. This is not the case because: a) the limitations can be extended even without a state of emergency, so that the old ones as well as any new regulations will be equally valid and effective; b) nothing excludes the declaration of a new state of emergency (perhaps due to a new variant, the Delta for example). This would allow the government to start the 24-month count all over again. Does the Green Pass compress the right to work? Someone objects that “The Green Pass is unconstitutional because it limits the right to work”. At the base of the restriction there is not the right of the individual but the collective good (a priority for our Constitution). And above all there is the art. 2087 of the Italian Civil Code which requires the employer to protect the psychophysical health of their employees. “But the Green Pass does not avoid the risk of reinfection” he replies. This is also true, but at the moment the data on which the government is based – shared by official medicine – say that those who have undergone the vaccine have a lower risk of contracting the virus in the most acute forms. The purpose of the government is not to limit infections but to exclude that these can clog hospitals, affecting patients for whom medicine has not yet found such quick solutions as the vaccine.