The Chamber of Deputies rejected the suspension for the former M5s deputy Sara Cunial who had appealed to enter Montecitorio without a Green pass.
These are the words with which the decision was communicated: "The Council believes that there are no urgent reasons to suspend the decision of the Quaestors to request the Green pass from all the deputies and therefore also for the deputy Sara Cunial".
The President of the Council of Jurisdiction of the Chamber of Deputies, Alberto Losacco, signed two orders defining the precautionary requests requested by some deputies who do not intend to show the Green pass to access the seats of the Chamber.
The Council, also made up of Stefania Ascari and Silvia Covolo, believes that there are no urgent reasons to suspend the decision of the Quaestors, of 12 October, to ask for the Greenpass from all Members, as well as from employees and all those who access the buildings of the Chamber.
The decision of the Council - recalls a note - had been anticipated by two monochromatic decrees of President Alberto Losacco, which are therefore confirmed today.
One of the two decrees, the one concerning the position of the deputy Sara Cunial, had been the subject of a ruling by the President of the Chamber of Appeal of the Chamber, Andrea Colletti, who had instead suspended the obligation to show the Green pass for that deputy. Today's decision of the Jurisdictional Council therefore renders that decree ineffective.
The two ordinances of the Council of Jurisdiction believe, in particular, that both the vaccination against Covid-19 and the "swab" are tools that, "although they cannot scientifically guarantee absolute certainty of their effectiveness and reliability, offer in this regard a significant statistical probability rate, and in any case they currently constitute the only concrete measures that the institutions can implement in the dutiful pursuit of the protection of individual and collective health, guaranteed by article 32 of the Constitution ". And they also observe that the "swab" is a "diagnostic tool that involves, for the person who undergoes it, an objectively minimal invasiveness".
The Council also believes that Members of Parliament are obliged, like and more than any other citizen, to "not harm or endanger the health of others with their behavior
, in compliance with the general principle that everyone has the right to find a limit in mutual recognition and equal protection of the coexisting rights of others ", as observed by the Constitutional Court. Deputies and senators, "obliged to implement everything that falls within their availability for the best exercise of their mandate, must bring all their hypothetical sacrifices or discomfort with respect to the condition of every other citizen to the set of responsibilities, powers, rights and duties that make up the status of parliamentary in office ".
There are four senators who have appealed to the litigation commission against the obligation to green pass: the three former 5s Laura Granato, Michele Giarrusso, Gianluigi Paragone and Carlo Martelli.
All currently in the Mixed group.
But according to what is learned from sources inside the litigation commission, the appeals would not be valid because they were presented outside the deadlines set by the regulation which provides for 30 days from the provision of the presidential council.
