A week ago, the Mayor of Padua has signed an order providing for a penalty of 500 € for anyone who buys or receives drugs in public areas or open to the public "'insistent in residential areas" or alternatively that the financial penalty, the concerned citizen can make a request within 30 days of being placed in a rehabilitation program at a Sert (public service for drug addiction). The ordinance that expressly refers to the so-called Decree "Maroni" (MD August 5, 2008, "public security and urban safety: definition and scope of application").
on penalties both criminal and administrative procedures related to narcotic drugs, the relevant legislation is only one contained in the DPR October 9, 1990, No 309 (Consolidated Law on Discipline of narcotic and psychotropic substances, prevention, treatment and rehabilitation of drug addiction), as amended by the so-called law "Fini Giovanardi" (Law 49/2006).
In particular, Article. 75 (Pipelines integral administrative violations) of Presidential Decree setting out the administrative penalties against "anyone who unlawfully imports, exports, purchases, receives title to any or otherwise holds out or psychotropic drugs from the assumptions set out in Article 73 (relating to criminal sanctions, ndr) ... The individual is also relevant conditions are met, is invited to follow the treatment program and rehabilitation of socio-referred to ' Article 122 or more customized information and education program in relation to their specific needs, prepared by the public service for drug responsible for the area .... "
The law entrusts exclusively to the Prefect of the place where the offense occurred, the administrative responsibility for sending the Sert; such submission is not an alternative to the administrative penalty but it is complementary.
And the so-called "Decreto Maroni", having the legal nature of the ministerial decree, is being ordered in the hierarchy of sources, the law of the State, in this case to the aforementioned Presidential Decree 309/90.
Therefore, the "order of Zanoni" is a true "ultra vires" by invading the powers set out clearly and heavily on state law, which must be always respected, even if it is the notorious law "Fini Giovanardi," which is actually a straightforward conversion of the Decree Law of 30 December 2005, n. 272, originally issued only to finance the Winter Olympics in Turin, legal and constitutional aberration of which it bears full responsibility, along with the Berlusconi government at the time, the then President of the Republic Carlo Azeglio Ciampi, who promulgated the law .
Source: news Aduc
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