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. 584 of November 11, 1975, Ban on smoking in determined sites and on public means of transport (as amended)

Law No. 3 of January 16, 2003

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

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None