Italian Healthcare Case

Constitutional Case No. 455/1990 (1990)

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Italian Healthcare Case

Italy Supreme Court
Constitutional Case No. 455/1990 (1990)

Facts

Article 6 of the Italian Law of the Province of Trent of March 15, 1983 (the Law of May 15) provided that local healthcare units would assume responsibility for costs associated with caring for non-self-sufficient elderly individuals in nursing homes. The Law of May 15 further provided that the provincial committee must establish limits on the number of individuals covered by this change in funding for nursing homes outside of the National Health Services (NHS). A trial court suspended the implementation of the law and referred a question of constitutional legitimacy of the Law of the Province of Trent of May 15 to the supreme court. The trial court found that the Law of May 15 potentially violated Article 32 of the Italian constitution, which guaranteed each citizen the subjective right to healthcare services under the NHS. The trial court found that the Law of May 15 potentially violated equal protection under the law guaranteed under Article 3 of the constitution by distinguishing between those who were self-sufficient and those who were non-self-sufficient.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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