Italy COVID-19 Legislative measures. The English version of the Decree-Law 25/2020 n.19 providing new legal framework for the adoption of any new PM Decree
The Italian Cabinet adopted a new Decree-Law, replacing the original Decree-Law of 23 February as the legal framework for any emergency measure until the national emergency period ends on 31 July 2020.
Please note that this Decree-Law (25/2020 n.19) does not introduce any new restriction applying to individuals or businesses. The previous PM Decrees of 8 March, 9 March, 11 March and 22 March will therefore remain in force.
Instead, this new Decree-Law provides a new legal framework for the adoption of any new PM Decree in the future, including:
- A comprehensive list of restrictions that the Government may adopt by means of PM Decrees – you will find it laid down by paragraph 2 of Article 1
- Rules disciplining the procedure that the Government shall follow prior to the adoption of any future PM Decree. In particular, this includes consulting with the relevant Regional Presidents (if the measures apply to one or more specific Regions) or with the President of the Conference of the Regions (if the measures apply to the whole national territory)
- An obligation on the Prime Minister to report to Parliament on the measures he adopts by means of a PM Decree every 15 days
- The possibility for Regional governments to adopt additional restrictions (within the scope of those listed in art 1, paragraph 2) as they see fit to tackle the contagion spread. These restrictions shall stay in force until they are adopted nationwide by means of a PM Decree. However, Regions are not allowed to take any restrictive measures that impact on productive activities or on any other activity which is of strategic relevance for the national economy
- Heavier administrative sanctions (from €400 to €3,000, plus the temporary shutdown of uncompliant businesses) to be imposed on whoever violates the restrictions - unless the offence is a crime pursuant the Criminal Code. Sanctions specifically associated with the violation of certain restrictions are also laid down in Article 4.
Overall, this Decree-Law is aimed at improving coordination between the national and regional Governments, as well as at keeping Parliament informed of the restrictions that the Government may consider imposing on individual freedom and freedom of enterprise.
This Decree-Law will now be submitted to Parliament for ratification.
Telos A&S drafted a courtesy translation of the Decree Law.
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You may download the courtesy translation of the Decree-Law below
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