Limitations regarding the use of quotes
The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
A non-smoker challenged a national regulation addressing smoking in public as inadequate and therefore violating his fundamental rights. The Court held that the complaint was unfounded, finding that the legislature acted within its authority by regulating smoke-free places in a broad manner, which allowed for the consideration of public and private interests. Because the legislature did not completely abstain from regulation and also took adequate measures to regulate environments in which individuals cannot easily escape smoke in their surroundings, there existed no constitutional violation of fundamental rights.