The Syndicate of the Carabinieri asks for the cancellation of the Green Pass

The union of the Carabinieri Unarma asked, with a letter to the Minister of Defense and the General Command of the Arma, requested, with a lot of legal reasons, the non-application of the decree relating to the Green Pass as it is contrary to the Constitution and European legislation.

Here is an extract of the letter that you can read in full at this link .

From a procedural point of view, the French government has therefore chosen the path
teacher of the legislative act and parliamentary debate to adopt
a measure that, like the Italian one, has an impact on rights and freedoms
fundamental, while the action of the Italian government has flattened out on
emergency logic of the decree law, subtracting once again the
Parliament has the power to guide – also through the contribution of
parliamentary minorities that are logically excluded from the deliberation
on the decree law, dominion of the government majority – the choice
policy in an area, such as that of the adoption of the Green pass, in which
fundamental principles, individual rights of liberty and interest of the
health communities must find their balanced coexistence.
With regard to the first point, our legal system with the latest Decree-law would seem to express a divergent and dichotomous model from what is represented in the aforementioned European legal framework, therefore on the basis of Articles 11 and 117, paragraph 1 of the Constitution and of the jurisprudence of the Constitutional Court , this dl should be set aside by the Judge, or in the alternative, the mechanism of referral to the Court of
Justice. In fact, it would not be a minor divergence e
surmountable in the framework of a free exercise of political-legislative discretion, but we would be in the presence of the configuration of another model of governance of the pandemic, based on discriminatory forms, rather than extensive exercise of rights (see In the topic Case C-378 / 17 – On the non-application of national law by a non-judicial body, judgment of 4 December 2018, in Osservatorio sui Sources, 3, 2018; see also C. AMALFITANO, The relationship between preliminary reference to the Court of Justice and referral to the Council and between non-application and referral in the light of jurisprudence
"Community" and Constitutional, in Aic Magazine, 1, 2020, pp. 220 ff.)
In essence, green certification would end up constituting
the surreptitious and indirect imposition of a vaccination obligation for those who intend to circulate freely and / or use the aforementioned services or spaces.
This would result in the violation of personal freedom, understood as the legitimate refusal of medical treatment that is not compulsory by law, or in any case of continuous and daily invasive and expensive practices such as a tampon. The question remains in the background whether the Green pass, in the mandatory version introduced by Decree-Law no. 105/2021, can be a valid instrument to impose those limitations on the freedom of movement for reasons of public "health" provided for by art. 16 of the Constitution, which careful doctrine distinguishes from personal freedom pursuant to art. 13 of the Constitution, although these are strictly connected freedoms. While it can be argued that the formal legal reserve contained
in art. 16 of the Constitution has been respected since the adoption of the Green pass with
Decree-law, on the other hand, it is necessary to ask whether the Green pass, in order to be reasonable and proportionate in terms of costs / benefits, is
actually the only tool capable of guaranteeing safety
health of citizens and therefore such as to impose legitimate limits on
freedom of movement, as permitted by the Constitution. From careful
reading of art. 3 of the Decree-Law no. 105/2021, it would appear that
we intend to attribute to the Green pass the value of "pass" for
access to services (recreational and / or sporting and / or cultural activities),
referring, therefore, more to the sphere of personal freedom, understood as it is
right to carry out activities that develop their size
psychophysics (art. 2 in conjunction with art. 13 of the Constitution), rather
than to the sphere of freedom of movement. Indeed, the latter does not
it would suffer limitations from the introduction of the Green pass, well being the non
vaccinated circulate "freely" on the national territory, as long as
the regional index of infections will allow it. But also to want to believe the
Green pass an instrument limiting the freedom of movement, the
question shatters on the lack of the justificatory assumption of
prescriptive nature of the same, which could not connect
exclusively to “its” source of production (the decree-law), but that
it should be identified in the preventive imposition of the vaccination obligation
by law, in compliance with the parameter of the principle of substantial legality
and formal. The resistance test, to test the legal legitimacy
of the Green pass, is therefore constituted by the absence of vaccination obligation, for
which only a law requiring mandatory vaccination – where
the legal and scientific conditions exist – it could be valid
legal basis for the prescriptive Green pass. We pass therefore
from a European model that proposes to facilitate freedom of movement
in safety, based on a concept of individual responsibility e
collective, well traceable, in its structural and functional aspects,
to liberal-democratic models, to a prescriptive model e
discriminatory, in which the dimension of duty, although present in
Constitution, would find itself without a legal basis
constitutional, and in any case it would appear disproportionate to the requirements aimed at guaranteeing the responsible exercise of individual freedoms.
For the above, it is therefore requested in compliance with the provisions of Articles 11 and 117, paragraph 1 of the Constitution and the jurisprudence of the Court
constitutional, the DISAPPLICATION of this dl, or activate the
mechanism of referral for a preliminary ruling to the Court of Justice.

---

---

The article Il Sindacato dell'Arma dei Carabinieri calling for the cancellation of the Green Pass comes from ScenariEconomici.it .

---

This is a machine translation of a post published on Scenari Economici at the URL https://scenarieconomici.it/il-sindacato-dellarma-dei-carabinieri-chede-la-disapplicazione-del-green-pass/ on Sun, 10 Oct 2021 08:00:08 +0000.