JOURNAL FOR DRUG ADDICTION AND ALCOHOLISM
23th year: 2000 no 2 (selection of the articles in English )


"SPECIAL ISSUE ON LEGISLATION"

Introduction

Editorial, by Carlo Vetere, Editor-in-Chief

NATIONAL AND INTERNATIONAL LEGISLATION ON DRUG ADDICTION, ALCOHOLISM, TABAGISM, AIDS

Sentence of 18-23 july 1996 (published in the Official Gazette, 1st special series, No. 33 of 14 August 1996)
Drugs Penal sanctioning for drug addiction including the free assignment of small quantities of soft drugs for the personal use of the assignee Inclusion of Indian cannabis among stupefying and psychotropic drugs with reference to light offences Contradiction with depenalisation of possession for personal use - Reference to the sentences of the Court on the matter (see sentences Nos. 333/1991, 170 and 104 of 1982, 133 and 308 of 1992 and Ordinance No. 38C/1987) regarding the permanent offensive nature of an action relating to the final stage in the drug trafficking network Legislative discretion regarding the evaluation of the harmful effects of the various types of drugs Groundlessness.

Ordinance 11-24 december 1996 (published in the Official Gazette, 1st special series, No. 2 of 8 January 1997)
Offences in general - Cultivation of plants with the purpose of extracting stupefying substances - Punishment using administrative sanctions only if the purpose is for the personal use of the drug - Issue already declared groundless by the Court with its Sentence No. 360/1995 and manifestly groundless with Ordinance No. 150/1996 Manifest lack of grounds.

Law no. 165 of 27 may 1998 (published in the Official Gazette No. 124 of 30 May 1998)
Modifications to Article 656 of the Code of Penal Procedure and to Law No 354 of 26 July 1975, together with successive modifications.

Legislative decree no. 230 of 22 june 1999 (published in the Ordinary Supplement to Official Gazette No. 165 of 16 July 1999)
Reform of penitentiary medicine, in accordance with Art 5 of Law No. 419 of 30 November 1998.

Decree 21 april 2000 (Published in Official Gazette No. 120 of 25 May 2000)
Approval of the project for the protection of health in penitentiary environments

Decree of the prime minister 24 october 2000 (Published in the Official Gazette of 2 november 2000)
Structure of the Department for Social Affairs

Ordinance no. 802 of 16 july 1997 (Published in the Official Gazette, 1st special series, No. 47 of 19 November 1997)
Drunkenness and alcoholism - obvious state of drunkenness in a public place or a place that i open to the public - punishable as an offence - unequal treatment with respect to what is envisaged for the personal use of stupefying substances
(Penal Code, Art. 688).

Sentence no. 399 of 11-19 december (Published in the Official Gazette, 1st special series, No. 52 of 28 December 1996)
Health - Protection of the health of non-smokers against the harm of so-called passive smoking Health of workers in the work place Prohibition to smoke in closed work places Omitted prevision Reference to the jurisprudence constant of the Court on the matter (see Sentences Nos. 218/1994, 202/1991, 307 and 455 of 1990, 559/1987 and 184/1986) Absolute duty not to harm or place at risk, by harmful behaviour, the health of other persons, which is a primary good and fundamental right of the person and therfore in need of full protection, both in public environments and as a right during private relationships Right of the worker to call the employer before a judge in order to ascertain any possible responsibility in providing adequate protection measures, with related duty and responsibility of employers to control that the health of the workers is adequately protected Non-existence of violation of constitutional norms in the light of a correct interpretation of the already existing positive norms that are appropriate for protecting against passive smoking in accordance with the constitution - Groundlessness.

Decree of 21 october 1999 (published in the Official Gazette, no. 299 of 22 december 1999)
Definition of proclaimed AIDS or of grave immunity deficiency for the purposes described by Law. No. 231 of 12 July 1999.

Decree if the president of the republic, 8 march 2000 (published in the ordinary supplement of the Official Gazette, No. 248 of 23 October 2000)
"AIDS 1998-2000" Project

CRITICAL BIBLIOGRAPHICAL REVIEWS by Carlo Vetere

History and update on international and European legislation on drug demand reduction