TOBACCO CONTROL LAWS

President of the Council of Ministers v. Autonomous Province of Bolzano

The President of the Council of Ministers challenged a provincial law enacted to protect the health of non-smokers, claiming that the regional law conflicted with national regulations on exposure to tobacco smoke, thus violating Articles 32 and 117 of the Constitution.  The petitioner argued that the regional law diverged from the national regulations in that it altered the definition of those spaces to which the smoking ban applied, raised the amount of fines assessable upon violations of the ban, and instituted a fine for those who would sell or provide tobacco to persons under sixteen years of age, among other things.  The court held that the constitutional challenge was well founded, finding that the law exceeded the scope of regional powers because it consisted of rules designed to replace regulations promulgated at the national level to safeguard fundamental principles.

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President of the Council of Ministers v. Autonomous Province of Bolzano, Judgment 59/2006, G. U. 22/02/2006, Corte Costituzionale [Constitutional Court of Italy] (2006).

  • Italy
  • Feb 16, 2006
  • Constitutional Court of Italy (Corte Costituzionale)

Parties

Plaintiff President of the Council of Ministers

Defendant Autonomous Province of Bolzano

Third Party

  • Fausto Cirelli, on his own and as the legal representative of Coordination records administrators (Coram)

Legislation Cited

Law No. 3 of January 16, 2003

Law No. 584 of November 11, 1975, Ban on smoking in determined sites and on public means of transport (as amended)

Law No. 448 of December 28, 2001, Provisions for the Annual and Multi-Year State Budget (Financial Law 2002)

Decree of the President of the Republic of 31 August 1972, Number 670 (del decreto del Presidente della Repubblica 31 agosto 1972, n. 670)

Provincial Law of the Autonomous Province of Bolzano of 25 November 2004, Number 8 (legge della Provincia autonoma di Bolzano 25 novembre 2004, n. 8)

Related Documents

None

Type of Litigation

Action against Government to Advance the Public Interest
An individual or organization may sue their own government in order to advance or protect the public interest. For example, an NGO may sue the government claiming the government’s weak tobacco control laws violated their constitutional right to health.

Tobacco Control Topics

Smoke Free Measures
Measures to reduce or eliminate exposure to tobacco smoke. (See FCTC Art. 8)
Sales to or by Minors
Measures restricting tobacco sales to or by minors, as well as other retail restrictions relating to point-of-sale, candy and toys resembling tobacco products, vending machines, or free distribution. (See FCTC Art. 16)
Liability
Measures dealing with criminal and civil liability, including compensation. (See FCTC Art. 19)

Substantive Issues

Right to Health
A violation of the right to the enjoyment of the highest attainable standard of health. Public health advocates may claim the public’s right to health is violated by weak tobacco control measures, industry tactics, or an organization’s or smokers’ actions.
Preemption
The subject matter of the case should be dealt with at a state level or national level.
Procedural Defect
The court might consider procedural matters without touching the merits of the case. These might include: improper joinder, when third parties, such as Health NGOs or government officials, seek to become parties to the suit; lack of standing, where a plaintiff fails to meet the minimum requirements to bring suit; lack of personal jurisdiction, where the court does not have jurisdiction to rule over the defendant; or lack of subject matter jurisdiction, where the court does not have jurisdiction over the issue at suit.

Type of Tobacco Product

None

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