The Court of Reggio Emilia enters with a straight leg on the emergency regulatory system: illegitimate Dpcm
The Court of Reggio Emilia enters with a straight leg on the emergency regulatory system: declaring the false self-certification cannot constitute a crime because the Dpcm are illegitimate by contrast with the Constitution.
The case involved a couple who left home in the red zone, in the spring of 2020, without any reason of necessity. In addition, the two citizens had shown the carabinieri self-certification in which the move was justified for health reasons. Once it was verified that the couple had never gone to hospital, both were reported and tried for false ideology in public deed.
Despite the false declaration, the investigating judge of Reggio Emilia acquitted the couple by virtue of "the unquestionable illegitimacy of the Prime Ministerial Decree of March 8, 2020, as well as all those subsequently issued by the head of the government".
The sentence specifies how the obligation to stay at home can be ordered only in the presence of a criminal sanction restricting personal freedom, imposed by the judge at the end of a trial.
This means that, in the absence of a conviction, personal freedom can be limited only in compliance with the two conditions provided for by art. 13 of the Constitution: the absolute reserve of law (therefore excluding administrative acts), obligatorily accompanied by the motivated order of the judicial authority.
Consequently, the criminal judge disapplied the administrative act, dropping the obligation of self-certification because no one can be "forced to sign a self-certification incompatible with the rule of law of our country". Therefore, according to this ruling, even those who decide to leave for reasons other than the cases of work, health and strict necessity, would not have the legal obligation to fill out any certification because the regulatory system turns out to be illegitimate upstream: administrative acts of the Prime Minister can never find themselves in conflict with the Charter.
There is, however, another question: the government's renunciation of the Dpcm must not correspond to an abuse of the emergency decree, as before the start of the pandemic, least of all to limit personal freedoms.
It will be up to the political forces that have decided to become part of Mario Draghi's government to decide whether to work with the "favor of darkness" by executive means, or to exalt Parliament as a place where popular sovereignty is expressed.
The post The Court of Reggio Emilia enters with a straight leg on the emergency regulatory system: illegitimate Dpcm appeared first on Atlantico Quotidiano .
This is a machine translation from Italian language of a post published on Atlantico Quotidiano at the URL http://www.atlanticoquotidiano.it/quotidiano/il-tribunale-di-reggio-emilia-entra-a-gamba-tesa-sullimpianto-normativo-emergenziale-dpcm-illegittimi/ on Mon, 15 Mar 2021 05:02:00 +0000.