Italy’s Constitutional Court has declared unconstitutional provisions granting state ministers oversight of regional healthcare staffing plans. In ruling No. 114 issued today, the Court invalidated Article 5(2), second sentence of Decree-Law 73/2024, which empowered the Health Minister and Economy Minister to approve three-year regional healthcare personnel plans.
The Court determined this provision unlawfully encroached upon regions’ concurrent legislative authority over health protection and residual organizational powers. Such staffing plans, the justices noted, inherently involve planning human resources within regional health systems to ensure operational continuity within financial constraints – matters falling under regional jurisdiction.
Additionally, the Court struck down Article 5(1), second sentence of the converted decree, which subjected regions’ compensatory measures for increasing healthcare staffing expenditures to ministerial review. This verification process, according to the ruling, constitutes improper oversight of organizational decisions reserved to regions, including budgetary reallocations requiring careful evaluation of institutional priorities.
The Court upheld Article 5(2), first sentence as constitutional. This provision establishes methodology criteria for determining healthcare staffing needs nationwide. Justices clarified the framework neither exacerbates regional socioeconomic disparities nor violates health rights, as it relies on region-supplied data without infringing legislative autonomy.
The Constitutional Court announced the decision through an official statement.
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