The Constitutional Court has found unlawful the ban that prevented bars, tobacconists, and other public establishments from offering customers stations to access online gambling. The law, adopted in 2012 with the so-called Balduzzi Decree, prohibited the use of gaming platform-connected devices in establishments, both authorized and unauthorized, in order to combat the spread of gambling addiction. The court ruled that the measure violated the Constitution's principles of proportionality and reasonableness by imposing an absolute and indiscriminate ban that did not differentiate between legal and illegal activities, nor between occasional and systematic use. While admitting the legitimacy of the goal of preventing gambling addiction, the Court underlined the necessity for more balanced regulatory tools that consider various scenarios and do not target behaviors that are incompatible in nature or intensity. Along with the law, the punishment for violating it was found unconstitutional: a fixed fine of €20,000 set by the 2016 budget law. The ruling now opens a new regulatory scenario. It will be up to Parliament to create a more cohesive and effective set of laws that protect public health while upholding the fundamental foundations of the rule of law.
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