Resounding: the Administrative Court of the Sicily Region defines the question of the constitutional legitimacy of the vaccination obligation “NOT UNFOUNDED” (or FOUNDED)

The question of the constitutional legitimacy of art. 4, paragraphs 1 and 2, legislative decree 44 of 2021 (converted into law 76 of 2021), in the part in which it provides, on the one hand, the obligation to vaccinate health personnel and, on the other hand, due to the non-fulfillment of 'vaccination obligation, suspension from the exercise of the health professions, in contrast to Articles 3, 4, 32, 33, 34, 97 of the Constitution. Thus begins an order issued today by the Administrative Court of Justice of the Sicily Region relating to the vaccination obligation for health personnel and therefore to the relative suspension from service for those who do not comply with the obligation.

Among the causes that are indicated at the basis of the possible non-constitutionality of the vaccination obligation are:

• the lack of true in-depth vaccine triage;
• the lack of involvement of general practitioners in the testing phase
• the fact that there is no absolute and necessary certainty that the vaccine will not adversely affect health, a necessary feature for a mandatory vaccine;
• Furthermore, the NON-exclusion of informed consent is considered to be examined at a constitutional level, ie it is useless to ask for consent if the vaccine is mandatory.

The ordinance is then transmitted to the Constitutional Cote so that it takes note and then begins the necessary process to be able to pronounce on the matter. It is also communicated to the President of the Republic, the President of the Council, the President of the Senate and the President of the Chamber, incidentally. That is, now they will not be able to pretend that the legitimacy of the obligation is not questioned at the Constitutional level.

For those who are against the obligation it is a victory, even if not definitive, because in the end the Constitutional Cote chaired by Giuliano Amato will have to pronounce on the matter.

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The sensational article: the Administrative Court of the Sicily Region defines the question of the constitutional legitimacy of the vaccination obligation as “NOT UNFOUNDED” (or rather FOUNDED) comes from ScenariEconomici.it .

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This is a machine translation of a post published on Scenari Economici at the URL https://scenarieconomici.it/clamoroso-la-corte-di-giustizia-amministrativa-della-regione-sicilia-definisce-non-infondata-la-questione-di-legittimita-costituzionale-dellobbligo-vaccinale/ on Tue, 22 Mar 2022 14:58:59 +0000.