Christmas, what can be done and what cannot be done. Questions and answers on the Conte decree

24 December 20203 years ago babelfish

With the approval of the so-called “Christmas” Decree on the government portal, the Faq on travel has been updated. Here are questions and answers, with the slides of Palazzo Chigi

With the approval of the so-called “Christmas” Decree ( Law Decree 18 December 2020, n. 172 ), the Faq on travel has been updated on the government portal.

Is it possible to return to one's residence, domicile or home from 24 December to 6 January if you are in another Region?

Yes, it represents a legitimate reason for moving.

Is it possible to travel to return to the workplace or for reasons of necessity or health?

Yes, travel for proven reasons of work, health or necessity is always possible.

Is it allowed to visit friends or relatives during the holidays?

From 21 December 2020 to 6 January 2021, all travel is prohibited, including to visit friends or relatives, which involve leaving the Region where you live or reside. Furthermore, between December 24th and January 6th:

On 24, 25, 26, 27 and 31 December and 1, 2, 3, 5 and 6 January it is possible, once a day, to travel to visit relatives or friends, even to other Municipalities, within the same Region , between 5 and 22 and up to a maximum of two people, in addition to children under the age of 14 and disabled or non self-sufficient people who live with them;
on 28, 29 and 30 December and 4 January it is possible to move freely, between 5.00 and 22.00, within one's own Municipality, and also to visit friends and relatives within these times and territorial areas. On the same days it will also be possible, once a day, to travel to visit relatives or friends, in a municipality other than one's own, within the same region, between 5 and 22 and up to a maximum of two people. The person or two people who move will still be able to bring with them children under the age of 14, and the disabled or non self-sufficient people who live with them;
on 28, 29, 30 December and 4 January, it is possible, for those living in a municipality with up to 5,000 inhabitants, to move freely, between 5.00 and 22.00, within 30 km from the border of their own municipality (possibly also in a other Region), with the prohibition, however, to move to the provincial capitals. Visits to friends and relatives allowed within these times and territorial areas.

What is meant by "residence", "domicile" and "home"?

Residence: the place where the person has their habitual residence. The residence results from the personal registers and is therefore knowable in a precise and verifiable way at any time.

Domicile: the place where a person has established the principal place of business and interests. The domicile may be different from one's residence.

Home: for the purposes of applying the dpcm the home must be identified as the place where you actually live, with a certain continuity and stability (therefore for continuous periods, even if limited, during the year) or with habitual frequency and frequency, with the exception of second homes used for holidays.

Is it possible to move to the second house?

Between 21 December 2020 and 6 January 2021, the movements of a cohabiting family unit to second homes are always allowed, from 5 to 22, within their own Region, but always prohibited to other Regions. It is allowed to move to the second home, even if in the name of several co-owners, of a single cohabiting family unit.

Is it possible for spouses / partners living in different cities to spend the holidays together?

Only if the place chosen for reunification coincides with that in which you have your residence, domicile or home.

Will the rules be valid for everyone, regardless of the "color" of the area?

Until 23 December 2020, the distinctions between the red, orange and yellow areas remain valid.

From 24 December 2020 to 6 January 2021, the provisions of the "Christmas decree" apply, which introduced provisions valid throughout the national territory, with the sole distinction between public holidays and pre-holidays and other days, and therefore:

24, 25, 26, 27 and 31 December 2020 and 1, 2, 3, 5 and 6 January 2021, the provisions envisaged for the "red zones" apply throughout the national territory;
28, 29 and 30 December 2020 and 4 January 2021, the provisions for the "orange zones" apply throughout the national territory.

After moving to a second home in another region, is it possible to move and return?

No. Traveling to second homes in a region other than your own is prohibited from December 21st to January 6th. The move from the second home to the place of work in the period between 21 December and 6 January cannot be used as a justification for a new return to the second home, in another region, in the same period. You will be able to return to work but then you will not be able to return to the second house.

My parents, elderly but in good health, live in a different region from mine: can I visit them for the holidays?

No, in the period between 21 December and 6 January these movements are prohibited.

Can I visit a relative who, despite being self-sufficient, lives alone?

Until 23 December yes, but remaining within your own Region, from 5 to 22. From 24 December to 6 January it will be possible, once a day, to travel to visit relatives or friends, only within the same Region, from 5 to 22 and up to a maximum of two people, as well as children under the age of 14 and disabled or non self-sufficient people who live with them.

How is the movement for separated / divorced to children regulated?

These movements are motivated by "necessity", therefore they are not subject to limitations. In case of travel to / from abroad, it is however necessary to consult the website of the Ministry of Foreign Affairs and International Cooperation.

I have relatives who are not self-sufficient, can I go and visit them?

The movement to provide assistance to non self-sufficient people is also allowed from 21 to 6 January, even between municipalities / regions in different areas, where it is not possible to ensure them the necessary assistance through other subjects present in the same municipality / region. It is possible to travel only for people strictly necessary to provide assistance.

Is it allowed to go to another municipality or region for tourism?

Travel for tourism to another Region is not allowed until January 6, 2021 inclusive. From 24 December they are not allowed even within the same Region, but there are two exceptions, valid only on 28, 29, 30 December 2020 and 4 January 2021, in which travel for tourism is allowed:

within the same Municipality;
from Municipalities with a population of up to 5,000 inhabitants, within 30 kilometers from the borders of the Municipality, with the exclusion in any case of travel to the provincial capitals.

What is meant by "reasons of necessity"?

The assessment of the existence of reasons of necessity is left to the competent Authority indicated by art. 4, c. 3, legislative decree 19 of 2020 (for violations of the provisions of the dpcm is the Prefect of the place where the violation was ascertained). The citizen who does not agree with the violation assessment report drawn up by the operating agent can send written and defensive documents to the Prefect, by virtue of articles 18 and following of the Law. n. 689/1981 .

What are the penalties?

Pursuant to art. 1, c. 3, of the “Christmas decree”, the applicable sanction is the administrative one, from 400 to 1,000 euros, possibly increased up to one third if the violation occurs through the use of a vehicle.

In case of ascertainment of a violation of the provisions that I do not consider justified, how can I assert my reasons?

The assessment of the existence of justifying reasons is left to the competent Authority (which, for violations of the provisions of the dpcm, is usually the Prefect of the place where the violation was ascertained). Citizens who do not agree with the violation assessment report drawn up by the operating agent can therefore send written and defensive documents to the Prefect, in accordance with the provisions of Articles 18 and following of the Law n. 689/1981 .

This is a machine translation from Italian language of a post published on Start Magazine at the URL https://www.startmag.it/mondo/natale-che-cosa-si-puo-fare-e-che-cosa-non-si-puo-fare-domande-e-risposte-sul-decreto-conte/ on Thu, 24 Dec 2020 06:17:40 +0000.