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Decree-Law 23 February 2020, n. 6 Urgent measures regarding containment and emergency management of the epidemiological emergency from COVID-19.

Country
Type of law
Legislation
Source

Abstract
The Decree-Law 6/2020 provides a general and broad ex ante authorization for the adoption of future and more restrictive mitigation measures to be adopted by Decrees of the President of the Council of Ministers (DPCM).
Article 1 determines that all Italian municipalities or areas where at least one person is COVID-19 positive, where the source of transmission is not known or in any case in which there is a case not attributable to a person from an area already affected by the above mentioned virus, the competent authorities shall be required to take all adequate containment measures and proportionate management actions in relation to the evolution of the epidemiological situation.
Paragraph 2 of article 1 provides a non prescriptive list of possible physical and social containment measures which can be further implemented if necessary (public health containment measures such as restrictions on movements, human quarantine and preventive surveillance, suspension of educational and recreational activities that limit the exercise of some of the fundamental rights recognised by the Italian Constitution). In particular the point j) options the possibility for closure of all commercial activities, excluding commercial activities or premises for the purchase of basic necessities; point l) regards the provision on secure and safe of access to essential public services and shops for the purchase of basic necessities both conditioned on the use of personal protective equipment or on the adoption of particular hygiene-sanitary caution measures identified by competent authorities; and point m) which is related to the limitation on access or suspension of transport services of goods by: land, air, rail, maritime and inland waters, national network, local transport.
Article 2 states that all competent authorities may take further measures of containment and emergency management, in order to prevent the spread of the COVID-19 epidemic even outside cases mentioned in article 1 of this text.
Detailed rules on the manner for implementing such national containment measures are listed in Art. 3, including different responsibilities and governance interrelations. Art. 3 establishes that, following the proposal of the Health Minister, the Decree of the President of the Council of Ministers (DPCM) is the new source of law from now onward for the adoption of mitigating measures and that other competent Ministers, Regions and Autonomous Provinces need just to be heard (less stringent requirement, in comparison to what prescribed by the D.Lgs. 1/2018, as this latter was requiring an agreement with those subjects); section 2 of the same article establishes the exceptions in case of extreme need and urgency extending the power to adopt those Executive Orders to the Health Minister and Regional Presidents. Paragraph 3 specifies that the effects of previous Health Minister Orders are still in force.
Financial arrangements and indications on relative funding are laid down in article 4.
Date of text
Entry into force notes
This Law entered into force on 23 February 2020.
Repealed
Yes
Publication reference
Official Gazette of the Republic of Italy 45/2020
Source language

English

Legislation Amendment
No
Original title
Decreto-Legge 23 febbraio 2020, n. 6 Misure urgenti in materia di contenimento e gestione dell'emergenza epidemiologica da COVID-19.
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