L’vaccination obligation for healthcare personnel it is not disproportionate. And the choices of the legislator adopted in the pandemic period are “not unreasonable”. The Constitutional Court established it in deeming “inadmissiblefor procedural reasons, the question relating to the impossibility, for operators of the health professions who have not fulfilled the vaccination obligation, to carry out their work activity, when it does not imply interpersonal contacts“. “Equally unfounded – continues the Court – the issues proposals with reference to the provision which excludes, in the event of non-fulfillment of the vaccination obligation and for the time of suspension, the payment of a check paid by the employer for those who have been suspended; and this, both for health personnel and for school personnel”.
The hearing brought together 11 constitutional issues raised at different times from five judges (Courts of Brescia, Catania and Padua, the Lombardy Regional Administrative Court and the Sicilian Administrative Justice Council), which considered the exceptions brought before them by the lawyers of non-vaccinated citizens to be “not manifestly groundless”. Some appeals concern the same legitimacy of the obligationothers the proportionality of the sanctions (especially with reference to remote workers). At stake was the possibility of obtaining the economic compensation for lost wages (for workers suspended from office) and that of not having to pay the fine of one hundred euros whose collection started on 1 December. A small group of protesters demonstrated outside the Court building no vax activistsequipped with tricolors and signs with slogans such as “freedom” and “no green pass”.
Before the Court, the lawyers of the applicants (including the Turin jurist Ugo Mattei, who has become a leading face of the anti-compulsory movement) stated that their clients were “deprived of the opportunity to work And to survive“And”betrayed” by the State which has imposed a “blackmail: either you get vaccinated or you are out of society”. All of this, they argued, without any benefit for the community, because the anti-Covid vaccine did not prevent the spread of infections, but also had “serious side effects” and even mortals, with “29 deathsonly in Italy, ascertained as related to the vaccination campaign”. The state attorney’s office had instead asked to confirm the legitimacy of the obligationa measure arranged “in full compliance with the teachings of the Constitutional Court”, as this vaccine improves the health of the individual and the community, the consequences are tolerable and fair compensation is provided in the event of further and unforeseeable damage.
