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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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