The deputy of the Mixed group can participate in parliamentary work without showing the green certificate: this was established by the president of the appeal panel of the Chamber Andrea Colletti (Alternative) who accepted, with his own monochromatic precautionary decree, the request presented by the deputy suspension of the resolution of the College of Quaestors on the obligation. Then a new provision of the College decided to grant her only the seats in the stands. Final decision on 1 December
The deputy of the Mixed group Sara Cunial can – for now – enter the Chamber to participate in parliamentary proceedings without showing the Green pass, but must enter through a predefined path and stay only in the stands. These are the two decisions that have arrived in the past few hours on the question of the former M5S deputy who refuses to show the green certificate and thus violates the obligation of the Green pass, introduced by a resolution of the College of Quaestors, to access all the offices of the Chamber, as has been the case since 15 October for all workplaces in Italy. First came the sentence of the president of the appeal panel of the Chamber of Deputies Andrea Colletti (Alternative): he accepted, with his own single-law precautionary decree, the request presented by the deputy to suspend the resolution of the College of Quaestors. Then, the College of Quaestors unanimously approved a new resolution in which it is confirmed that Cunial will be able to participate in the work of the Chamber, but only from the positions placed in the stands and will be able to access it through a predefined path. The final decision on the case will be made on December 1, when Cunial’s appeal will be examined by the Council of Jurisdiction of the Chamber.
Sara Cunial can return to the Chamber without the Green pass
Cunial had filed an appeal against the decision of the Quaestors on the obligation of the Green pass to the Council of Jurisdiction, the internal court of first instance of Montecitorio, chaired by Alberto Losacco (Pd). As you did, another ten Alternativa deputies and, as far as we know, also about forty employees of the Chamber, overwhelmingly parliamentary assistants. A similar appeal was presented by 12 employees of Palazzo Madama to the Litigation Commission of the Senate, which, however, was not referred to by any senator. Cunial’s appeal, which asked for an immediate suspension of the Green resolution, justifying it with his need to enter the Chamber to vote, had been rejected and the Council hearing had in the meantime been set for 1 December. But Cunial appealed to the president of the appeal board of the Chamber of Deputies Andrea Colletti, who instead accepted the appeal on the suspension. Colletti motivated his decision by speaking of the duty to allow the deputy to exercise the mandate of popular representation: “Both because I felt that there was a ‘periculum’ of damage to the colleague’s right, that of carrying out parliamentary activity, and because I believe there is the ‘fumus boni iuris’ on the Quaestors’ resolution, which has a strong constitutional criticality “, he explained. After the Colletti ruling, the other resolution of the College of Quaestors arrived: it allows Cunial to carry out its parliamentary activity , but from one of the positions installed in the stands since the pandemic exploded and to access it the deputy will have to follow a predetermined path. Cunial therefore remains inhibited both the possibility of accessing the hemicycle and that of using the various services of the Chamber, of the various rooms of Montecitorio and the adjacent buildings that are part of the administration of the Chamber.
The case of the parliamentarian, however, risks opening a Pandora’s box, with dozens of appeals by employees and parliamentarians both in the Chamber and in the Senate already ready, and could have repercussions even outside Montecitorio. The reaction of the pro vax parliamentarians was not long in coming, clamoring for the immediate re-establishment of all the security measures required by law in the classrooms and outside. Deputies and senators demand a definitive decision as soon as possible from the internal court of Montecitorio. The college is already convened for December 1st, but could bring forward its meeting as early as November 25th. Until then, Cunial will be able to participate in the proceedings of the classroom and commission without exhibiting the green certification. “I am pleased that my colleague Cunial has managed to obtain the suspension. In the Senate the situation is much more serious”, commented Senator Bianca Laura Granato, of the Mixed Group, who was sanctioned for entering the Senate without a Green pass . But others just don’t fit. “It is unacceptable, we have the right to be protected in the exercise of our function in a healthy place”, said Beatrice Lorenzin of the Democratic Party. “Here there are also people who are not well, how do we put it if they take Covid because Cunial brings it to us? She is a potential untrice, it is unacceptable”, he added. Among the applause of colleagues in the Chamber, Lisa Noja (Iv) appealed to the Speaker of the Chamber Roberto Fico, who asked “the bodies responsible for the decision on the merits to intervene immediately as we all have the right to come to this place and know what the rules of protection of our health are right away “. Vice-president Ettore Rosato explained that he believes that president Fico “absolutely shares the observations” of Noja and assured: “Everyone believes that a measure must be taken with great urgency”.