(Jamma) "Only through a declaration of unconstitutionality and, in particular, recognizing a specific function of contrasting the pathological phenomenon to local authorities, in application of the principles of proximity with the local community and of subsidiarity between public administrations, the legal system in force in fact, it would equip itself with tools for exercising an administrative action functional to placing a barrier on the unlimited availability of gaming offers". This was confirmed by the second section of the Piedmont Tar called to decide on an appeal against the Municipality of Santhià, which had ordered the ban on the installation of slots in the historic center of the city. For the first time, therefore, the question of constitutional legitimacy regarding the regulation of public gaming has been raised. Specifically, it would be a violation of articles 32 (protection of health) and 118 (principle of subsidiarity in the exercise of administrative power) of the Constitution.
For the Piedmontese judges, it should be the Municipalities, being close to the citizens' needs, to intervene on aspects that "do not directly affect the identification and installation of lawful games, but on factors (such as proximity to certain places and advertising) that could , on the one hand, to induce a public made up of psychologically more vulnerable or immature subjects to play and, therefore, more exposed to the suggestive capacity of the illusion of obtaining, through the game, winnings and easy profits; on the other hand, to influence traffic conditions and noise pollution in the areas concerned”.
For the Board, in the recent Balduzzi decree "the Regions and Municipalities are expressly excluded from exercising functions in the matter, with the exception of only marginal tasks of "reasoned proposal" or participation in the specific observatory set up at the Autonomous Administration of Monopolies of state". And, on the other hand, if a sphere of intervention were not recognized for the local administration "there would be an immeasurable expansion of the notion of security and public order, such as to put the very constitutional division of legislative powers into crisis, with the affirmation of a pre-eminent state competence potentially attributable to any type of activity".
