Judge Lina Manuali declared the state of emergency unlawful because “it is not covered by the constitution”
Two sentences of the court of Pisa who have canceled crimes of non-compliance with the provisions of the authority following the decree law n. 6 of 2020 and the subsequent acts that determined the lockdown in Italy, in fact declared illegitimate the declaration of state of emergency. The judge who issued those sentences, Lina Manuals: “I certainly declared a state of emergency because it all started with the resolution of January 31, 2020, with which the Government declared a state of health emergency and I wanted to verify whether the regulatory requirements existed for such a declaration and to justify all a series of restrictive measures, in particular the impossibility of movement for all the population, except those who performed those defined as essential services“.
“The hypothesis of health risk is not included among those provided for by the civil protection code. So I declared its illegitimacy, as well as all the measures and subsequent extensions. In reconciling collective health and individual right, a balance must be made that requires proportionality and reasonable. The tip of the balance is respect for the dignity of the human person. When we place a vaccination obligation or a Green Pass strengthened to be able to access the workplace and to be able to perceive it possible, we are faced with a disproportion. With the imposition of the green pass we have the surreptitious introduction of the vaccination obligation, it is not a health measure“, Conclude Manuals