RIO DE JANEIRO, BRAZIL – The administrative court “TAR” of Lombardy has rejected the measure of suspension of unvaxxed health workers without salary. It would not be proportionate. Moreover, the dignity of the person would be disregarded. The Italian media reported this on June 26.
The Lombardy Administrative Court classified the law for the suspension of medical personnel without pay as “possibly unconstitutional.”
If medical staff cannot be deployed in positions that are “safe” regarding contact with other people, the staff in question can be sent home.
In the case at hand, according to Corriere Della Sera, no compensation is provided at all – not even social assistance, food aid, or the like.
The court found the regulation “disproportionate to achieve the purpose of protecting public health.”
The “required reasonableness threshold” would be exceeded. Moreover, the law would set a dangerous precedent.
The inappropriate unequal treatment is also reflected in the following detail: Those suspended from service due to disciplinary or criminal proceedings continue to receive a portion of their salary.
The suspension of any financial benefits would neglect the value of human dignity, even if it is a law in an emergency.
According to TAR, the government also failed to adequately argue that the measure “represents an acceptable sacrifice in light of the public purposes pursued.”
The employee who, in the exercise of freedom of health self-determination, chooses not to comply with the vaccination requirement is in effect being asked to make a sacrifice, the duration of which is neither foreseeable nor controllable since the legislator takes the preventive measures cannot be limited to a specific and defined time frame due to the objectively uncertain and recurring development of the pandemic.
MEASURES GO BEYOND THE GOAL
In any case, the measure would go far beyond what is necessary to achieve the goal of protecting society. The same objective could be achieved by suspending social assistance.
According to the Italian magazine “Il Paragone”: “The dignity of the individual must be guaranteed, regardless of whether his lawful or unlawful behavior (whether he undergoes medical treatments or not) is attributable and irrespective of the cause of his indigence.
If one understands the Italian legal system sufficiently, the legal decision should now be forwarded to the next instance for review – a constitutional court.
That is why the well-reasoned verdict is only “possibly unconstitutional,” so a final decision by the then factually competent court is still pending.
SIMILAR COURT DECISIONS
Another Italian court had ruled similarly in March 2022. A few weeks ago, a Sicilian Court said compulsory vaccination is illegal; the state may not order the death of citizens.
In February, the regional administrative court of Lazio ruled that an employee in a similar case must be paid his back salary.
The sum of these rulings shows that Italy’s regional administrative courts are still essentially fulfilling their task of judging on behalf and in the people’s interests and are not blindly submitting to the globalist agenda.