Government challenges Emilia-Romagna’s end-of-life law: “It infringes on state powers”

This afternoon’s Council of Ministers meeting resolved to challenge, before the Constitutional Court, pursuant to Article 127 of the Constitution, the Emilia-Romagna Regional Law of 28 July 2026, No. 10, entitled ‘Organisational arrangements for the implementation of Constitutional Court judgments Nos. 242/2019 and 135/2024 concerning medically assisted suicide’. According to sources at Palazzo Chigi, the Council of Ministers has noted that the regional legislation conflicts with Articles 2, 32 and 117(2)(l) – relating to civil and criminal law – and Article 117(3) of the Constitution – relating to the protection of health. According to Palazzo Chigi, the regional law has infringed upon a number of areas falling within the exclusive competence of the State, by delegating the definition of a series of requirements to regional guidelines, thereby circumventing the restrictions imposed on this point by the Constitutional Court. 

Furthermore, sources at Palazzo Chigi add, “despite the region’s commitments to make changes, the structure of the law does not adequately and effectively guarantee the prior provision of a personalised palliative care pathway and other support systems to prevent recourse to suicide”. On this last point, sources point out that, despite the funding allocated by this government – which has increased palliative care funding by 40 million euros, bringing the total to 140 million – many regions are still far from achieving the targets for the use, across their territories, of the resources they have received on a pro rata basis.