Does the Constitutional Court's ruling no. 204 of December 29, 2025, really regionalize end-of-life care? A commentary on first reading

Abstract

In this short essay, the author analyzes the main and most relevant contents of the Italian Constitutional Court's ruling no. 204 and its implications for the regulation of medically assisted death at the local level. In particular, he identifies the changes that will need to be made to Regional Law no. 16, approved by the Tuscany Region on March 14, 2025, and suggests some corrective measures aimed at streamlining the process and, above all, at not separating the care of the person from the verification of the substantive
requirements established by constitutional jurisprudence for access to medically assisted death. He concludes by stating that this new ruling by the Court represents a good opportunity to reformulate, as a whole, the popular initiative law promoted by the Luca Coscioni Association, given the need, repeatedly expressed by the Constitutional Court, to enhance and promote serious medical care and to balance the principle of individual self-determination with the responsibility entrusted to the physician.