Tuscany, Giani promulgates the first regional law on end-of-life: appeal to the Guarantee Board passed

Tuscany is the first Italian region to have promulgated a law on medically assisted end of life. President Eugenio Giani signed the regional law after the Statutory Guarantee Board rejected the appeal presented by the opposition, which had temporarily blocked its implementation.

With this decision, Tuscany becomes a pioneer in Italy in the application of the Constitutional Court ruling no. 242 of 2019, that paved the way for the regulation of medical aid in voluntary dying under specific conditions.

A complex process between debate and appeals

The Regional Council of Tuscany had approved the law on 12 February 2024, but its application had been suspended due to an appeal lodged with the Statutory Guarantee BoardThe opposition contested the legitimacy of the law, arguing that the issue should be regulated at the national level.

After careful analysis, the Panel rejected the appeal, confirming the correctness and full legitimacy of the regional legislation. "This verdict certifies the solidity of the work carried out“, declared Giani, underlining how the measure was the result of comparison, consultation and serious analysis.

The content of the law and the reference to the sentence 242/2019

The Tuscan law on end-of-life is based on the principles established by Constitutional Court ruling 242/2019, which hrecognized the possibility of access to medical assistance in voluntary death under certain conditions, among which:

• The patient must be suffering from an irreversible disease which causes unbearable suffering.
• It must be fully capable of understanding and wanting.
• Must have received adequate palliative care.

The ruling highlighted the legislative vacuum existing in Italy and repeatedly urged Parliament to intervene with a national law, which however has not yet been approved.

Opposition and criticism of the law

The approval of the legislation was not without controversy. The opposition forces contested the Region's initiative, arguing that such a delicate issue should be regulated by a national law, rather than by individual Regions.

Giani reiterated that Tuscany's decision is in line with the jurisprudence of the Consults and responds to a real need: “This is not a political forcing, but a step forward to ensure the right to self-determination in compliance with the indications of the Constitutional Court".

Next steps: the Ethics Commission and the implementation of the law

Now that the law is officially enacted, the implementation phase will begin.. Giani announced that the procedures will start immediately for:

• Establish the Ethics Commission, which will evaluate patient requests and ensure compliance with the criteria established by the legislation.
• Start the technical and administrative obligations to enable the effective application of the law.

The Italian context: a legislative vacuum on end-of-life

La Tuscan legislation fits into a national context still lacking an organic law on the end of life.

Currently, pursuant to the Law 219 / 2017, a patient has the right to refuse life-saving treatments and request the deep sedation, but There is still no law that explicitly regulates euthanasia and assisted suicide.

Despite the Constitutional Court having repeatedly urged Parliament to intervene, the proposed laws on end-of-life have not yet found sufficient political consensus to be approved.

With the promulgation of this law, Tuscany has certainly traced a precedent in Italy, becoming the first Region to act on the issue of end-of-life.

The decision could therefore push other Regions to follow the same path.