Region of Tuscany v. President of the Council of Ministers

The Region of Tuscany challenged the constitutionality of a national law that increased the administrative fines assessed to violators of regulations prohibiting smoking. Tuscany claiming that the nature of the legislation, namely health protection, needed concurrent national and regional powers under the Constitution. Tuscany argued that it is the national government's role to address fundamental principles, while all other aspects of the issue, including administrative fees, are reserved for the regional governments.  The Court held that the constitutional question was unfounded, finding that the underlying regulations amended by the challenged law sought uniformity of national health protection, a fundamental principle entrusted to protection by the Republic under the Constitution's provision enshrining the right to health.  Because the propriety of legislating uniform health protections was indisputable, the propriety of assigning punishment for violations of such health protections was also indisputable.


Region of Tuscanny v. President of the Council of Ministers, Judgment 361/2003, G. U. 24/12/2003, Corte Costituzionale [Constitutional Court of Italy] (2003).

  • Italy
  • Dec 19, 2003
  • Constitutional Court of Italy (Corte Costituzionale)


Plaintiff Region of Tuscany

Defendant President of the Council of Ministers

Legislation Cited

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Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product