Coronavirus, Tar of Sardinia suspends the Solinas ordinance on mandatory Covid tests

17 September 2020 11:37

First victory for the government, for which the decision of the Region violated the Constitution

The TAR accepted the precautionary request for suspension proposed by the state advocacy on behalf of the Presidency of the Council of Ministers. The date of the hearing on the merits has also been set: it will be 7 October.

The ordinance of the Region provided, in particular, for all passengers arriving from abroad or from the national territory the presentation, upon boarding, of the result of a “test – serological (IgG and IgM) or molecular (RNA ) or Quick Antigenic – performed no later than 48 hours after departure, which have given a negative result for Covid-19 “.

Alternatively, one could self-certify that “in the 48 hours prior to entry, they had undergone a serological, molecular or antigenic test, the outcome of which was negative”. According to the government’s thesis, the provision, on the other hand, violates Article 16 of the Constitution on the free movement of persons.

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