With the arrival of winter, the Government wants to take a step forward to speed up vaccination and thus stop the spread of Covid-19. The Council of Ministers two days ago approved a decree-law that provides for the introduction of the so-called Super Green Pass, that is a Green Pass reinforced, valid at the moment from 6 December to 15 January, only for vaccinated and recovered, and which introduces some limitations to people who have freely chosen not to be vaccinated: the first rumors speak of an obligation of the green certificate also on regional trains, of the exclusion of tampons (previously valid) for access to restaurants (indoors), sporting events and ceremonies (regardless of the color of the region in which you are located), mandatory vaccine extended to teachers, law enforcement, military and administrative staff health care. The “basic” green pass is also extended to local public transport and a very rigorous control plan is envisaged. Read here all the innovations introduced from the provision.
Another front of political conflict is that which concerns the justice decree and, in particular, the rule that modifies the content of the decree of the judge authorizing the use of trojan horse: the text of theapproved in the Senate of the Republic on November 17, it accepts the more nuanced and permissive wording, rejecting the amendments of the more rigorous line. Sara Occhipinti tells us the animated debate that took place in the Chamber and which is breaking the majority (content also available in audio podcast format).
The Constitutional Court presses on the innovation accelerator: there are two important assists in change coming from the judges of the laws, on the one hand “friends curiae”, with which the Council opens the discussion to civil society, on the other hand the telematic process of legitimacy.
The contribution also animates the debate on Altalex this week in matters of surrogacy by Gianni Baldini, which illustrates the evolution of jurisprudence and the need for regulation that goes beyond mere prohibition (hearing November 22, 2021 in the Chamber of Deputies).
Lawyers and the legal profession
Giulia Cimpanelli interviewed Monica Pagano, specialized in household over-indebtedness and difficult situations of family businesses.
In call for the bar exam have been inserted compensatory measures for candidates with SLD: the compensatory instruments are established by the examination commission, on the basis of the documentation presented, at least 15 days before the performance of the qualifying tests for the legal profession.
Law and new technologies
Regarding cloud computing contracts, Claudia Morelli attended the conference Cloud planet: rules, rights and duties of the cloud company, promoted by Iusintech, an all-female law firm for innovation with the interventions of Guido Scorza (member of the privacy guarantor), Rita Eva Cresci, Maria Roberta Perugini and Giuseppe Fragola: here his article The X-ray cloud computing contract (how to guarantee fairness, rights and obligations towards big providers for companies).
Green pass and privacy … change again: Luca Iadecola shows us how the innovations introduced by Law no. 165/2021 risk reducing workers’ right to privacy and entailing new burdensome obligations for employers.
The first provision on the protection of personal information has been in force in China since 1 November: the influence of the European regulation is undoubted but there are some substantial differences on which Marco Martorana and Lucas Pinelli focus, drawing a comparison between the GDPR and the new Chinese law on data protection.
The right to report must respect privacy: the link between the news and what is reported in the article is always necessary. The Supreme Court reminds us that, with theordinance 11 August 2021, n. 22741, clarifies that is liable to conviction the journalist who in reporting a news story provides details relating to the private life of people who are not related to the main fact.
The Privacy Guarantor, with theinjunction order 16 September 2021, n. 332, has sanctioned Sky Italia Srl for having made unlawful promotional calls, as well as imposing certain obligations on the company to comply with Italian and European legislation.
The Authority for the protection of personal data has also started ainvestigation on the so-called “spy” smartphones, in order to find out if our cellular devices really listen to us in secret.
All the legislation on privacy, the guidelines of the judicial bodies and the Guarantor Authority, many tools to ensure that you are in compliance with all the requirements: practical guides, commentaries, magazines, action plans, check lists, formulas, news.
This week we published, among others, these measures:
- Civil Cassation, sentence no. 32804/2021: the exchange in which one of the contracting parties consciously and in a spirit of liberality obtains an asset of a lower value than the other, falls within the negotium mixtum cum donatione;
Criminal Cassation, sentence no. 40555/2021: reparation for unjust detention must be denied when the conduct is potentially capable of misleading the judicial authority regarding the existence of serious indications of guilt;
Criminal Cassation, sentence no. 40559/2021: for the purpose of applying the mitigation of the less serious fact to cases of sexual violence, it is necessary to evaluate the means and methods of execution, the degree of coercion and the physical and psychological conditions of the victim, also in relation to age;
Criminal Cassation, sentence no. 42415/2021: the Supreme Court gives the ok to the direct confiscation of money deposited in the account, even if the party proves the lawful origin;
Constitutional Court, sentence no. 218/2021: in the case of concessions without tender, the obligation to outsource the contracts is unlawful;
Court of Appeal of Brescia, sentence no. 1262/2021: in the matter of Q / P series postal vouchers, the applicability of the “pejorative” rates provided for by the Ministerial Decree of 13 June 1986 is excluded;
Court of Lecce, decree 15 November 2021: on the subject of ” benefit of the doubt ” in the evaluation of the declarations of an asylum seeker, the probative rule in international protection proceedings is not ” actore non probante reus absolvitur ” but ” in dubio pro actore ”.