Dear friends, let's try to read together the text of the latest decree, which "regulates" the progressive easing of the measures that, until now, were linked to the state of emergency and that instead from today remain even without this existing. From here we can already understand how far we are from the idea of ​​a "return to freedom" so hoped for and flaunted (inappropriately).

Article 1 - Provisions aimed at facilitating the return to ordinary life following the cessation of the state of emergency due to COVID-19

In fact, already at theArt 1 let's read:

"1. In order to adapt to the evolution of the state of the COVID-19 pandemic the organizational, operational and logistical measures to combat it issued with civil protection ordinances during the state of emergency (...) lastly extended until 31 March 2022, preserving, until 31 December 2022, the necessary operational and prompt reaction capacity of the structures during the phase of progressive return to ordinary life, one or more ordinances may be adopted (...) may contain derogating measures in the areas referred to in the first period, identified in compliance with the general principles of the legal system and the rules of the European Union, with limited effectiveness until 31 December 2022."

Translated, the state of emergency ends, but we reserve the right to issue new measures, potentially unlimited in number and until the end of the year.

Article 2 - Urgent measures related to the termination of the functions of the Extraordinary Commissioner for the implementation and coordination of the measures to contain and combat the COVID-19 epidemiological emergency

Continuing on to theArt 2, Still: "In order to continue to have, even after March 31, 2022, a structure with adequate response capabilities to possible worsening of the national epidemiological context due to the COVID-19 epidemic, (...) from April 1, 2022, a Unit for the completion of the vaccination campaign and for the adoption of other measures to combat the pandemic is temporarily established, which operates until December 31, 2022. The director of the Unit is appointed by decree of the President of the Council of Ministers" (therefore appointed by Draghi). And continues: "The Unit takes over all active and passive relationships headed by the Extraordinary Commissioner for the implementation and coordination of the measures to contain and combat the COVID-19 epidemiological emergency (...)".

So, away with the extraordinary commissioner and here is the Special Unit which essentially takes all his powers.

Article 3 - Regulation of the ordinance power of the Minister of Health regarding entry into the national territory and for the adoption of guidelines and protocols related to the COVID-19 pandemic

L'Art 3 establishes that, in short, the Minister of Health will be able to continue to establish limitations on individual freedoms, in fact Legislative Decree 52/2021 is modified by replacing Art. 10/bis as follows:

"«Art. 10 -bis - 1. (...) starting from 1 April 2022 and until 31 December 2022, as a consequence of the cessation of the state of emergency and in relation to the epidemiological trend, the Minister of Health, with his own ordinance:

1. in agreement with the Ministers competent for the subject matter or in agreement with the Conference of the Regions and Autonomous Provinces, may adopt and update guidelines and protocols aimed at regulating the safe performance of economic, productive and social services and activities;
2. after consulting the Ministers responsible for the matter, it can introduce limitations on travel to and from abroad, as well as impose health measures in relation to the same travel."

So, let's celebrate slowly, an interpretation of the rising numbers will be enough to once again issue provisions limiting activities (economic, productive AND SOCIAL).
In reference to this article, we ask ourselves a question: why go and specify something that is already in the prerogatives of the Government? We will find out perhaps in September-October.

Article 4 - Isolation and self-surveillance

L'Art 4 isolation and quarantine rules, those who are positive continue to remain in isolation, until healing is confirmed. Self-monitoring for close contacts also remains, swabs in case of symptoms, etc. "The implementation methods of paragraphs 1 and 2 are defined in a circular from the Ministry of Health. The cessation of the isolation regime referred to in paragraph 1 follows the negative result of a rapid antigen or molecular test for the detection of SARS-CoV-2, also carried out at private centers authorized to do so."

Article 5 - Respiratory protection devices

THEArt 5 concerns the use of masks, surgical or FFP2. Basically everything unchanged until April 30, then extension of the use of FFP2 where foreseen and surgical indoors, from April 1 to 30. (we cannot say "from May no masks, given the considerations already made at the beginning: they can do and undo as they please at any time).

Article 6 - Gradual elimination of the basic green pass

Art 6 «1. From 1 to 30 April 2022, access to the following services and activities is permitted throughout the national territory exclusively to individuals in possession of one of the green COVID-19 certifications from vaccination, recovery or testing, the so-called basic Green Pass:

1. canteens and continuous catering on a contractual basis;
2. catering services provided at the counter or at the table, indoors, by any establishment, with the exception of catering services within hotels and other accommodation facilities reserved exclusively for customers staying there;
3. public competitions;
4. public and private training courses, without prejudice to the provisions of Article 9 -ter.1 and Articles 4 -ter.1 and 4 -ter.2 of Legislative Decree no. 1 of 2021 April 44, converted, with amendments, by Law no. 28 of 2021 May 76;
5. face-to-face visual interviews with prisoners and inmates, within penitentiary institutions for adults and minors;
6. public participation in shows open to the public, as well as sporting events and competitions, which take place outdoors.»

Green Pass abolished for: 

1. personal services;
2. public offices, postal, banking and financial services, commercial activities
3. face-to-face visual interviews with prisoners and inmates, within penitentiary institutions for adults and minors.

The Green Pass requirement for entry to schools and universities (for access to scholastic, educational and training environments plus for access to higher education facilities) remains in place until April 30 (instead of March 31).

Also until April 30th, a basic green pass obligation (no longer strengthened) is expected for means of transport (read the text for details).

The obligation to have a basic green pass has also been extended to April 30 for public administration personnel, institutions, the Bank of Italy, etc.; as well as for magistrates, as well as for the private sector. This means that even for private workers the basic Green Pass obligation is extended by one month.

Article 7 - Phase-out of the enhanced green pass

Art.7 paragraph 1 is replaced by the following: «1. From 1 to 30 April 2022, throughout the national territory, access to the following services and activities is permitted exclusively to individuals in possession of COVID-19 green certifications from vaccination or recovery, the so-called strengthened green pass:

1. swimming pools, swimming centres, gyms, team and contact sports, wellness centres, including those within accommodation facilities, for activities that take place indoors, as well as spaces used as changing rooms and showers, with the exception of the requirement for certification for companions of persons who are not self-sufficient due to age or disability;
2. conventions and congresses;
3. cultural centres, social and recreational centres, for activities that take place indoors and with the exception of early childhood education centres, including summer camps, and related catering activities;
4. celebrations of any kind, whether consequent or not consequent to civil or religious ceremonies, as well as events similar to these which take place indoors
5. gaming rooms, betting rooms, bingo halls and casinos;
6. activities taking place in dance halls, discos and similar venues;
7. public participation in shows open to the public, as well as sporting events and competitions, which take place indoors.»

Instead, the following article of DL44 is extended until the end of the year: 1-bis. “(...) access by visitors to the facilities referred to in paragraph 1 is permitted exclusively to subjects in possession of a green COVID-19 certification, issued following the administration of the booster dose following the primary vaccination cycle.

The same provision applies to "visitors' access to hospital wards". Until the end of the year, if you are not vaccinated with a booster you are not allowed to visit relatives or friends in hospitals. Call it, if you want, normality.

Article 8 - Vaccination requirements

Now let's move on to the chapter VACCINATION OBLIGATIONS, with theArt.8: is extended until 31/12 for health workers and employees of health facilities.

Here too, the state of emergency is no longer a prerequisite, in this case to impose a health treatment: in fact, for health workers the vaccination obligation persists until the end of the year! (paragraph 1)

Not only that, all workers employed in these facilities will continue to be subject to the vaccination obligation until December! (paragraph 2)

The consequences are the usual ones, i.e. suspensions without pay and so on. (NB on this point we believe that the judiciary will have to look for other excuses to pass everything off as legitimate, whereas the sentences issued so far all included, among the justifications, the very existence of the state of emergency and the temporary nature of the measures, while here these measures have now lasted for a year and will continue until the end of 2022, for a total of 18 consecutive months, despite ending the state of emergency.

If it is true that several very recent sentences would seem to mark a change of pace on the part of some judges, with constitutional and suspensive doubts, here we hope to see the entire schedule rejected which in fact prevents the subsistence of entire families with a vexatious blackmail not even supported by the state of emergency. (Infamous.)

The only significant change for healthcare workers is the following: «In the event of recovery, the territorially competent professional order, upon request of the interested party, orders the temporary cessation of the suspension, until the expiry of the term in which the vaccination is deferred based on the indications contained in the circulars of the Ministry of Health. The suspension automatically resumes effect if the interested party fails to send the vaccination certificate to the professional order within and no later than three days from the expiry of the aforementioned deferral term.»
As usual, we refer to rather vague circulars rather than indicating peremptory terms.

On the point of the expected postponement for recovery we have not yet come to a certain conclusion, however it seems they foresee 4 months from recovery.

Obviously this will mean that many will be able to return for a very short time, perhaps having already recovered for some time, and others will not be able to return at all (on this too, it would be interesting to question the judges on whether it is legally correct to introduce a suspension of a provision during the process that did not exist until yesterday: someone who recovered in October has always and continuously remained without a salary, someone who recovered in February will be able to enjoy a reinstatement of only 2 months, someone who recovers in April will do 4 months with a salary? Where would the fairness of the rule be?)

Even those who provide services in any capacity in these structures will see the obligation extended to the end of the year (c) personnel who carry out their work activity in any capacity in the structures referred to in Article 8-ter of Legislative Decree 30 December 1992, no. 502, with the exception of those who carry out work activities with external contracts, without prejudice to the provisions of Articles 4 and 4-bis;).

For these people, the same provisions apply as for health workers in the event of recovery: in paragraph 3, last period, the words "June 15, 2022." are replaced by the following: "December 31, 2022. In the event of recovery, the provisions of Article 4, paragraph 5 apply (even if this paragraph 5 concerns professional associations and therefore it is not clear who must verify the recovery, who must be notified, and who then orders the new suspension).

Obligations for the school, defense, public safety and rescue, local police, judicial, penitentiary, university, dance sectors, etc. for these categories the obligation remains, including the third dose, until June 15, 2022, but without suspensions (therefore only a sanction). In this regard, an Art 4-Ter.1 is added to DL44.

As regards the categories required but not suspended - over fifty, school, penitentiary, etc.: from 01 April to 30 April 2022 it is mandatory to possess and submit upon request the basic green pass:
«Art. 4-quinquies (Use of COVID-19 green certifications in the workplace for those subject to the vaccination obligation pursuant to Articles 4-ter.1, 4-ter.2 and 4-quater). — 1. Without prejudice to the vaccination obligations and the related sanctions regime referred to in Article 4-sexies, the persons referred to in Articles 4-ter.1, 4-ter.2, paragraph 3, last period, and 4-quater, until 30 April 2022, for access to the workplace, must possess and, upon request, exhibit one of the COVID-19 green certifications from vaccination, recovery or testing, the so-called basic green pass referred to in Article 9, paragraph 1, letter a-bis, of Legislative Decree 22 April 2021, no. 52, converted, with amendments, by Law 17 June 2021, no. 87. The provisions of Articles 9-ter.1, 9-ter.2, 9-quinquies, 9-sexies, 9-septies, 9-octies, and 9-novies of Legislative Decree no. 52 of 2021 shall apply.».

Therefore, these categories are no longer required to have a strengthened green pass, but will have to be able to show the basic one until April 30th to work. 

Article 9 - New methods of managing cases of positivity to SARS-CoV-2 infection in the educational, scholastic and training system

Art. 9 instead concerns the management of positive cases in the school system:

"Until the end of the 2021-2022 school year, if there are at least four positive cases among the children and students present in the section or class group, educational and teaching activities will continue in person for all, and teachers and educators as well as students over the age of six will use FFP2 respiratory protection devices for ten days from the last contact with a person who tested positive for COVID-19."

At the first appearance of symptoms and, if still symptomatic, on the fifth day after the last contact, a rapid or molecular antigen test must be performed, even in authorized private centers, or a self-administered antigen test for the detection of the SARS-CoV-2 antigen. In the latter case, the negative result of the test is attested with a self-certification.

Masks and social distancing remain in force for everyone: “5. Until the end of the 2021-2022 school year, the following safety measures will continue to apply in the institutions and schools referred to in this article as well as in higher technical institutes:

1. the use of surgical respiratory protection devices, or those with greater protective efficacy, is mandatory, with the exception of children up to six years of age, of subjects with pathologies or disabilities incompatible with the use of the aforementioned devices and for the performance of sporting activities;
2. it is recommended to respect an interpersonal safety distance of at least one meter unless the structural-logistical conditions of the buildings do not allow it”

Article 10 - Extension of terms related to the COVID-19 pandemic

Art. 10 concerns the bureaucratic management of certain professional figures and we leave it to you to analyze this article if you are interested in learning more about an area that is not our area of ​​expertise.

Article 11 - Sanctions and controls

We pay particular attention to theArt 11 which, as regards sanctions and controls, reintroduces the closure of business/commercial activities etc. in the event of repeated violation. It is very anomalous that in the Legislative Decree in which the restrictions regarding the Green Pass are loosened, it tightens on the lack of verification.

Article 12 - Provisions regarding the extension of the Special Units for Continuity of Care and contracts in favour of specialist doctors

This article does not change anything, the rules that had established a strengthening and institution of special units are repealed, that is, those doctors who were supposed to have home management of patients affected by COVID-19, but we all know that if you had COVID-19 symptoms no one came to your home to visit you.

Article 13 - Data collection for the integrated surveillance of SARS-CoV-2 and for monitoring the epidemiological situation and the adequacy conditions of regional health systems

Furthermore, in Art. 13, they inform us that they will continue to manage our health data and collect data for the epidemiological situation; but not only: "2. For the purposes of monitoring immunological responses to the infection and vaccines administered for the prevention of SARS-CoV-2 infection to be carried out in compliance with the methods agreed with the Ministry of Health, even after 31 March 2022, the latter transmits to the Istituto Superiore di Sanità in interoperability with the platform referred to in paragraph 1, the individual data relating to the subjects who are administered doses of the anti SARS-CoV-2 vaccine contained in the National Vaccine Registry (...)

That's more or less all. We have tried, not without difficulty, to simplify this jungle of changes, additions and abrogations; everyone is invited to check the text in the Official Journal and to study in depth the areas of interest; now we allow ourselves some personal considerations.

Nothing in all that is written suggests a "free everyone"; nothing in the way it is proposed creates the conditions to consider this shameful chapter of Italian history concluded, indeed, honestly everything we have read is even worse than what we have seen so far: all the restrictive and unconstitutional measures seen so far are released from the state of emergency.

Basically, the Italian population continues to be held hostage by the political whims of the usual suspects, in addition of course to the trend of cases, which will continue to be monitored with the same morbid attention and with the same possibility of statistical interpretation/manipulation seen so far. The "green pass" instrument remains in force, dormant after April 30 but always there ready to return to the scene.

In other words, the state of emergency ends and the follies perpetrated for two years become the new normal.