UPDATE : 4 December 2025 - 06:36
10.5 C
Napoli
UPDATE : 4 December 2025 - 06:36
10.5 C
Napoli

The Constitutional Court rejects Campania: "The healthcare funds used to finance ARPAC are illegitimate."

The Constitutional Court limits the use of the Regional Health Fund in Campania to ensure more responsible management.
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The Constitutional Court is putting a stop to Campania's reckless use of the Regional Health Fund. With ruling no. 174, the Court's judges declared the provisions by which the Region, in its 2023 budget, had transferred healthcare resources to ARPAC, the Regional Agency for Environmental Protection, unconstitutional.

The Court's focus was on the mechanism that allowed for "general and indiscriminate" funding of all environmental agency activities, without separating healthcare services—particularly those related to the Essential Levels of Assistance (LEA)—from purely environmental functions, which by law cannot be a burden on the Health Fund.

The Court recalled the principles already expressed in ruling no.

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1 of 2024 and, more recently, no. 150 of 2025: Article 20 of Legislative Decree 118/2011 requires Regions to accurately track healthcare sector revenues and expenditures, avoiding overlap with other budget items. This rule, according to the judges, has not been respected.

By allocating part of its healthcare resources to ARPAC's non-healthcare activities, Campania – the decision states – violated not only Decree 118/2011, but also Article 117 of the Constitution, which grants the State exclusive jurisdiction over the harmonization of public budgets.

The ruling now requires the Region to review its financial instruments and ensure, in the future, a clear separation of funds allocated to healthcare from those allocated to other areas of the administration. This is a rigorous reminder to comply with accounting rules in a sector—healthcare—already challenged by years of imbalances and budgetary strains.

All Rights Reserved Article published on November 28, 2025 - 16:05 AM - Vincenzo Scarpa

Comments (1)

The Constitutional Court's decision regarding the healthcare fund is important, but it seems to me that many issues remain unresolved. The rules must be followed, but people's needs are also paramount in this context.

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