Bari, the Tar against no vax: “Public health takes precedence over your ideas”

BARI – The right not to be vaccinated “has no absolute value, nor can it be understood as intangible, having to be correlated and balanced with other fundamental public interests, such as those relating to public health, to limit the spread of the pandemic and ensure the regular performance of the essential public security service, which in the fair balance of opposing interests appears in any case to prevail over the personal interest of those who do not intend to get vaccinated”. With this motivation, the TAR of Puglia rejected the appeal of a financier in charge of customs surveillance services in the port of Bari, suspended from his duties on January 3 because he was not vaccinated against the Covid.

In the appeal, the soldier highlighted “the illegitimacy of the declaration of a state of epidemiological emergency”, “the prophylactic ineffectiveness of experimental genetic serums improperly defined as anti-Covid vaccines” and the consequent “discrimination” of the worker.

According to the judges, “the appeal is unfounded” because “the provision of the obligation of vaccination also for police personnel is rationally placed among the measures introduced by the legislator to ensure the exercise of the activity in conditions capable of minimizing the appearance of situations of danger to public health, as they are likely to promote the spread of the pandemic”.

“The interference in private life, which the obligation to vaccinate certainly achieves – reads the sentence – can be justified if it pursues a legitimate objective, certainly to be sought in the protection of collective health and in particular that of people in condition of particular vulnerability”. According to the judges, moreover, “the will to practice one’s ideological, ethical or religious convictions cannot be affirmed to the point of invading the fleeting border which protects both the fundamental rights of the community and of the individual, such as in this case public health and school education, which is continued by the legislator in the forms deemed most appropriate to ensure respect for constitutional principles such as equality and solidarity”.

“In this context – the sentence continues – the suspension of wages is a natural consequence of the absence of the service provided” and “precisely the fact of not terminating the service relationship confirms that the legislator has adopted a balanced solution that referee between the control of the pandemic and the protection of employment”. After all, “the weakening of tools” such as the green pass, “with the vaccination campaign still in progress and in the current pandemic emergency phase, not completely overcome”, would create – conclude the judges – “a regulatory vacuum likely producing serious consequences in terms of safeguarding the health of citizens, the vast majority of whom have moreover adhered to the vaccination proposal and have in any case obtained the green certification”.

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