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Main Constitutional provisions concerning health measures
Main Constitutional provisions concerning health measures
Art. 16 of the Italian Constitution
Every citizen has the right to reside and travel freely in any part of the country, except for such general limitations as may be established by law for reasons of health or security. No restriction may be imposed for political reasons. Every citizen is free to leave the territory of the republic and return to it, notwithstanding any legal obligations.
Art. 32 of the Italian Constitution
The Republic safeguards health as a fundamental right of the individual and as a collective interest, and guarantees free medical care to the indigent.
No one may be obliged to undergo any health treatment except under the provisions of the law. The law may not under any circumstances violate the limits imposed by respect for the human person.
Art. 117 of the Italian Constituion
Legislative powers shall be vested in the State and the Regions in compliance with the Constitution and with the constraints deriving from EU legislation and international obligations.
The State has exclusive legislative powers in the following matters: [...]
h) public order and security, with the exception of local administrative police; [...]
m) determination of the basic level of benefits relating to civil and social entitlements to be guaranteed throughout the national territory; [...]
q) customs, protection of national borders and international prophylaxis; [...]
Concurring legislation applies to the following subject matters: [...] health protection; [...] disaster relief; [...]
The Regions have legislative powers in all subject matters that are not expressly covered by State legislation.
The Regions and the autonomous provinces of Trent and Bolzano take part in preparatory decision-making process of EU legislative acts in the areas that fall within their responsibilities. They are also responsible for the implementation of international agreements and EU measures, subject to the rules set out in State law which regulate the exercise of subsidiary powers by the State in the case of non-performance by the Regions and autonomous provinces.
Regulatory powers shall be vested in the State with respect to the subject matters of exclusive legislation, subject to any delegations of such powers to the Regions. Regulatory powers shall be vested in the Regions in all other subject matters. Municipalities, provinces and metropolitan cities have regulatory powers as to the organisation and implementation of the functions attributed to them.
Regional laws shall remove any hindrances to the full equality of men and women in social, cultural and economic life and promote equal access to elected offices for men and women.
Agreements between a Region and other Regions that aim at improving the performance of regional functions and that may also envisage the establishment of joint bodies shall be ratified by regional law. In the areas falling within their responsibilities,
Regions may enter into agreements with foreign States and local authorities of other States in the cases and according to the forms laid down by State legislation.
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