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Highway Code: What’s changed after the Constitutional Court’s intervention?

News

Highway Code: What’s changed after the Constitutional Court’s intervention?

The recent ruling of the Italian Constitutional Court has significantly affected the provisions of the Highway Code concerning drink and drug driving, a key issue in the field of road safety.

Attorney Claudio Maria Cardarello, a professional at QLT Law & Tax, discussed the topic during an interview broadcast on Sky TG24, providing legal clarification on the scope and implications of the Court’s decision. During the interview, Mr. Cardarello explained how the ruling impacts the legislative tightening introduced in recent years, focusing on the conditions required to establish a driver’s liability.

The Court’s decision seeks to restore a balance between the need to prevent dangerous driving behaviours and the protection of fundamental rights, particularly where the assessment of alcohol or drug impairment raises evidentiary concerns. In this context, the rules on drink and drug driving are reconsidered in light of the constitutional principles of proportionality and reasonableness.

The interview offers valuable guidance for legal practitioners and enforcement authorities, who are required to apply Highway Code sanctions consistently with the Constitutional Court’s interpretation. Pending any legislative amendments, the ruling provides an important reference point for addressing the uncertainties that have emerged in recent months.

Below is the full interview with attorney Claudio Maria Cardarello aired on Sky TG24.