The Tuscany Region has been the first in Italy to enact legislation governing the organizational procedures for accessing medically assisted suicide. In the absence of national legislative action, the regional initiative emerges as the outcome of a process fraught with numerous obstacles—obstacles that had previously led to the suspension of comparable efforts in other territorial contexts. The imperative to ensure greater legal certainty and procedural uniformity in the access to and execution of medically assisted suicide requests—provided they meet the conditions established by Constitutional Court judgments no. 242/2019 and no. 135/2024—must be assessed in light of the complex allocation of legislative competences between the State and the Regions. This dynamic raises the possibility of a government challenge to the regional law before the Constitutional Court.
La legge della Regione Toscana n. 16/2025 sulle “Modalità organizzative per l’attuazione delle sentenze della Corte costituzionale n. 242/2019 e n. 135/2024”, tra esigenze di certezza nell’uniforme godimento dei diritti e riserve di competenza del legislatore statale
Antonello Lo Calzo
2025-01-01
Abstract
The Tuscany Region has been the first in Italy to enact legislation governing the organizational procedures for accessing medically assisted suicide. In the absence of national legislative action, the regional initiative emerges as the outcome of a process fraught with numerous obstacles—obstacles that had previously led to the suspension of comparable efforts in other territorial contexts. The imperative to ensure greater legal certainty and procedural uniformity in the access to and execution of medically assisted suicide requests—provided they meet the conditions established by Constitutional Court judgments no. 242/2019 and no. 135/2024—must be assessed in light of the complex allocation of legislative competences between the State and the Regions. This dynamic raises the possibility of a government challenge to the regional law before the Constitutional Court.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
