Conte’s “state of emergency”? Also rejected by the judge of Pisa
Even the judge of the criminal court of Pisa, in a sentence , defined the state of emergency wanted by the count government as completely illegitimate, thus adding yet another legal brick to the wall against the various lockdowns.
The judge of the Court of Pisa lists the rights of constitutional rank that the first dpcm, like the following ones, would have illegitimately compressed: personal freedom, protected by article 13 of the Constitution, freedom of movement and residence referred to in article 16 , freedom of assembly (article 17), freedom of assembly and association, freedom of religion (article 19) and the articles governing the process of making laws in Parliament.
Of all these freedoms, personal freedoms " are the most important " of the fundamental rights enshrined in the Constitution. According to article 13 it is an inviolable right, which can be limited on the basis of a law and with a motivated act of the judicial authority, certainly not only with a dpcm or a decree law of the Government.
Only a judge can issue measures restricting personal freedom on the basis of a general and abstract law that defines conduct as a crime. Obviously, 50 million Italians cannot be defined as offenders, unless you are a crazy pro-European who wants to instill the usual guilt complex.
Leaving the house, in the presence of a dpcm that establishes an order of stay at home, does not constitute a crime. The judge of the Court of Pisa has in fact acquitted the defendants from the crime referred to in article 650 of the criminal code, the failure to comply with an order given by an Authority. The article states:
Anyone who does not observe a provision
legally given by the authority for reasons of justice or
of public safety or public order or hygiene, and
punished, if the fact does not constitute a more serious crime,
with imprisonment for up to three months and a fine,
The illegitimacy of the state of emergency derives from the failure to set a deadline and from the failure to provide an example of the management measures that can be adopted by the Prime Minister during the emergency, as well as from the lack of precise regulation of these powers.
An emergency situation is, by its nature, limited in time and space and cannot be prolonged indefinitely. Let's hope that this time the government will notice.
The illegitimacy of the state of emergency derives from the failure to set a deadline and from the omitted indication of the management measures that can be adopted by the President of the Council during the emergency, as well as from the lack of precise regulation of these powers .
Despite the illegitimacy of the state of emergency as recognized by various courts, Mario Draghi seems to be ready to extend it on 31 July next, the date of its expiry.
The state of emergency has persisted since January 31, 2020 , to the point that we now wonder if this illegitimacy is not the new normal.
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The article Conte's “State of Emergency”? Also rejected by the judge of Pisa comes from ScenariEconomici.it .
This is a machine translation of a post published on Scenari Economici at the URL https://scenarieconomici.it/lo-stato-di-emergenza-di-conte-bocciato-pure-dal-giudice-di-pisa/ on Thu, 01 Jul 2021 15:14:06 +0000.