The Council of Ministers challenges the Emilia-Romagna law on the end of life before the Constitutional Court
Quick Look
The Council of Ministers has decided to challenge the Emilia-Romagna regional law on the end of life before the Constitutional Court, believing that it violates the exclusive competences of the State in matters of civil and criminal law and health protection, despite the state allocations for palliative care having increased to 140 million euros.
AI-generated summary
Why It Matters
The regional law of Emilia-Romagna of 28 July 2026, n. 10, concerns the organizational methods for the implementation of the sentences of the Constitutional Court n. 242/2019 and n. 135/2024 on medically assisted suicide. The government increased funding for palliative care by 40 million euros, bringing it to a total of 140 million.
The Council of Ministers decided on the appeal, before the Constitutional Court, pursuant to art. 127 of the Constitution, of the law of the Emilia-Romagna Region on the end of life. This was reported by sources at Palazzo Chigi, explaining that the Council of Ministers "found that the law violated a series of profiles under the exclusive competence of the State, delegating the definition of a series of requirements to the regional guidelines, thereby evading the constraints placed on this point by the Consulta".
The law
The rule in question is that of 28 July 2026, n. 10, entitled "Organizational methods for the implementation of the sentences of the Constitutional Court n. 242/2019 and n. 135/2024 regarding medically assisted suicide". The Council of Ministers, the Palazzo Chigi sources explain, "has found that the regional legislation is in conflict with articles 2, 32 and 117, second paragraph, letter l), in matters of civil and criminal law, and 117, third paragraph, of the Constitution, in matters of health protection". "Despite the proposed commitments to the change made by the Region, the structure of the law does not adequately and concretely guarantee the prior effective provision of a personalized path of palliative care and other support systems to avoid resorting to suicide". Sources at Palazzo Chigi underlined this, explaining the reasons why the Council of Ministers decided to challenge the Emilia Romagna law on the end of life. "In this last regard - add the same sources -, it is worth remembering how, given the important allocations made by this government, which increased the funds for palliative care by 40 million euros, bringing them overall to 140 million, many Regions are still far from achieving the objectives of using the resources received in part on the territory".
What to Watch
AI outlook — possibilities, not facts
The Constitutional Court will rule on the challenge to the regional law within the next few months
Very likely · Within months
The Emilia-Romagna Region could be called upon to modify the regional law in the event of partial acceptance of the appeal
Possible · Within months
Open Questions
- What are the specific regional guidelines that the government considers to be in conflict with the Constitution?
- How will the Emilia-Romagna Region respond to the appeal before the Constitutional Court?
- What are the chances that the Constitutional Court will accept the government's appeal?
