Is it possible to make a distinction between vaccinated and unvaccinated without the obligation of the vaccine?
How are all privacy issues resolved?
What do you do with foreigners arriving in Italy from other European countries given that there is currently only one certificate for the EU?
The debate on the super green pass opens up a number of issues that will need to be addressed and resolved by the government.
Listen to "All the knots of the super green pass" on Spreaker.
RESTRICTIONS ONLY FOR NO VAX AND CONSTITUTION
- The first problem is that the double track for vaccinated and unvaccinated could be the subject of appeals. This was underlined by the president emeritus of the Constitutional Court Cesare Mirabelli. "It seems to me a difficult remedy and, from a regulatory point of view, very risky as a possibility of justifying the individual prohibitions". A problem that would also exist from a practical point of view, given that "even the vaccinated can carry the virus". Rather, is Mirabelli's conclusion, "if the situation is so binding that the unvaccinated cannot carry out a very substantial part of their activity, working life or relationship, then this would justify the imposition of a vaccination obligation. not some kind of home hospital ".Doubts also shared by Luca Zaia: the lockdown for the unvaccinated, said the president of Veneto, "is not practicable from a legal point of view, given the Constitution and the country we are today. It would be difficult to apply constitutionally".
PRIVACY NODE
- Another question to be resolved concerns the data of the Italians: with the double track of the green pass, in fact, anyone called to carry out the checks will be able to know if the citizen is vaccinated, cured or has had a swab. A point on which the Privacy Guarantor has expressed a negative opinion in the past. "What must in any case be avoided - said Pasquale Stanzione - are discrimination based on vaccination choices and the undue knowledge, by non-legitimate subjects, of the health data of the interested parties". Not only that, with regard to the amendment to the green pass decree voted by Parliament which provides for a simplification of controls for private sector workers who deliver a copy of the certification to their employer, the Guarantor found a series of "critical issues": "the delivery of the pass does not eliminate the possibility of a contagion that occurred after the vaccine "and moreover" leaving the paper pass to the employer determines what Europe does not want, that is, the knowledge of the health status of the subject "since it is clear from the paper if the subject is vaccinated, cured or buffered. The health data "is ultra-sensitive, removed from the availability of the party, to protect the person in his integrity".it is ultra-sensitive, removed from the availability of the party, to protect the person as a whole ".it is ultra-sensitive, removed from the availability of the party, to protect the person as a whole ".
DOES SUPER PASS REDUCE INFECTIONS?
- The clear objective of the dual-track certificate is to avoid closures if a region changes color.
Among the experts, however, there are those who underline that with the current rules, in case of passage in the yellow, orange or red zone, the measures would take effect for everyone, without distinction;
with the super green pass, on the other hand, less than 15% of the vaccinable population would be denied access to restaurants, cinemas, theaters, stadiums, while the rest could continue to take advantage of the activities, despite the fact that even those who are vaccinated can get infected and spread the virus, albeit to a lesser extent.
TOURISTS NODE
- Another question to be resolved is how to deal with tourists and EU citizens entering Italy. The legislation establishes that the EU pass - obtainable with a certificate of vaccination, recovery or with a negative swab - is accepted by all member states and allows "in principle to be exempted from restrictions on free movement". With the super pass, therefore, the situation could arise that an Italian citizen cannot access a restaurant or a cinema and a French or a Spaniard can. The EU website states that "Member States must refrain from imposing further travel restrictions on holders of an EU digital Covid certificate, unless they are necessary and proportionate for the protection of public health" and, in that case,States must "inform the Commission and all other members and justify this decision".