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Emersion 2020 of foreign workers and proof of presence in Italy: T.A.R.Emilia Romagna Order 552/2021

In the case at hand, the application for emersion of foreign citizens was rejected due to an erroneous assessment of the unsuitability of the evidence submitted in order to prove their presence in Italy before 8 March 2020.

The Prefecture rejected the request considering that the medical certificates produced were not 'of public origin'. In particular, the first document had been issued by a public facility in a regime of "free profession" and the second by a private facility but affiliated with the national health service.

The trial judge upheld the claimants' request, noting that it was irrelevant whether the healthcare service was provided on a freelance basis or under the auspices of the National Health Service, since what mattered was the publicity given to the facility and not to the service, and also noted that the certification issued by a private facility under an agreement with the National Health Service was also capable of providing the evidence requested (since it was a facility authorised by law to provide services on behalf of the public health service).

Prof. Avv. Paolo Iafrate

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