Il “fine vita” tra Stato e Regioni

The paper analyses the Ligurian legislative proposal on the end of life, currently under discussion at the Ligurian Regional Council. Given that the Constitution never recognises a person’s right to receive a death benefit, as recently reaffirmed by the Constitutional Court in its ruling no. 135 of 18 July 2024, the legislation under consideration appears to be unconstitutional because it infringes on the division of competences between the State and the Regions. In particular, the regional discipline contrasts with the State’s reserve in the matter of civil and criminal law (art. 117, paragraph 2, letter l), of the Constitution), with the transversal State competence in the matter of essential levels of services (art. 117, paragraph 2, letter m), of the Constitution); moreover, the discipline of the end of life does not appear to be referable to the matter of “protection of health”, within which, in any case, the fundamental State principles are absent. Lastly, the principle of regulatory flexibility appears inapplicable.