MORE ON THE ADMINISTRATIVE PENALTY FOR THE UNVACCINATED
27 September 2023 · difendersiora
VademecumVADEMECUM MULTE OVER 50Tutti i videoDifendersi Ora - tutorial legali
As regular as the turning of the seasons, rumours have returned supporting the bizarre claim that appeals against administrative penalties for those who did not wish to undergo the experimental genetic serum against Covid-19 have not been suspended.
Bis repetita iuvant: all proceedings concerning penalties are suspended until 30 June 2024. Penalties issued and served during the suspension period must not be appealed. As provided for by Article 4-sexies, paragraph 6, of Decree-Law 44/2021, the penalty procedure derogates from Law 689/1981 and, therefore, neither the time limits nor the procedure for opposing an administrative penalty apply. Obviously, challenging penalties during the suspension period is not prohibited – some have done so successfully – but it is pointless. Even more pointless is challenging penalties solely against the Ministry of Health and not against the Agenzia delle Entrate-Riscossione, which is the entity against which opposition must be lodged pursuant to Article 4-sexies, paragraph 7, of Decree-Law 44/2021. Fines for the unvaccinated are debit notices that must be challenged by filing an opposition to enforcement pursuant to Art. 615 of the Code of Civil Procedure, which does not provide for any limitation period for lodging an appeal.
Some Justices of the Peace have deemed the use of the administrative penalty opposition procedure to be correct, but this is clearly an error.
If by 30 June 2024 the government has not kept its promise to cancel the penalties, I will make an appeal template available (I would remind you that these are proceedings in which the assistance of a lawyer is not required, as one can represent oneself).
Therefore, the advice I gave stands. For now, it is best to do nothing. When the deadline arrives, we will be ready to fight the shameful fines for violating the equally shameful vaccination mandate in the best possible way. Anyone wishing to delve deeper into the topic can do so here https://www.difendersiora.it/vademecum50
Alessandro Fusillo
