Post-1975 Smoking Legislation in Italy: Rules and Debates
The Veronesi project essentially involves a clearer identification of the smoking bans already outlined by the previous legislation.
The matter is regulated based on the “anti-smoking founding law” – Law 584 of 1975 – which strictly prohibits smoking in certain venues such as schools, hospitals, museums, cinemas, and nightclubs.
The strict prohibition does not include private offices or workplaces as such, and for some venues, exceptions are provided if suitable air conditioning or ventilation systems are installed.
This is followed by a series of additional regulations. Here are the laws enacted after the 1975 “framework” anti-smoking law.
Legislation after the 1975 anti-smoking law
The Legislative Decree of May 18, 1976, sets the criteria that air conditioning systems must meet to allow exemption from the restrictions provided by Law 584.
The Circular of June 8, 1976, from the Consiglio di Stato clarifies that, regarding Law 584, bars, restaurants, and public establishments are exempt from the ban.
Presidential Decree no. 753 of 1980, in Article 28, introduces a ban on smoking in all public transportation means, including buses, trains, and subways.
The Legislative Decree n. 626 of 1994 specifically concerns workplaces and establishes a general obligation to protect workers’ health, but an unconditional smoking ban is only imposed in areas exposed to carcinogenic and biological agents.
Furthermore, the regulation provides that appropriate measures be taken to protect non-smokers in resting areas and that workers in closed premises have access to healthy air in sufficient quantities.
Essentially, legislation and prevailing jurisprudence leave it to employers to find the most suitable solutions on a case-by-case basis.
Proposals and debates on the legislation
The Directive of the President of the Council of December 14, 1995, proposed by then Minister of Health Guzzanti, extends the smoking ban to all places providing public services, such as ministries, post offices, and generally, offices open to the public.
An agreement made on December 21, 1995, extends the effectiveness of the aforementioned directive to local administrations.
Subsequently, debates—often contentious—among parties, particularly regarding the applicability of the ban in public establishments, bars, and restaurants, have continued based on extensive jurisprudence that, in most cases, does not recognize the current validity of a smoking ban in venues other than those explicitly provided for by Law 584 of 1975, but admits, at least in principle, the harm caused by smoking.