The Council of Ministers will meet tomorrow or later. In the meantime, the legal office of the Ministry of Health has already requested an appeal before the Constitutional Court of the Sardinian health reform of March 11th. That, to understand, which should lead to the administration of the ASL and AOU of Sardinia, which was given priority by overshadowing the Finance Law (with 4 months of provisional exercise).
The same ministerial office had already forwarded a note to the Region, last April 1st. Now, it writes in the note addressed to the Council of Ministers, «given the lack of response from the Region to the clarifications requested in order to exclude profiles of unconstitutionality, the challenge of articles 5, 7 and 13 is requested». In short: a dialogue had been started but no feedback arrived from Cagliari and the only way was that of the clash in front of the Consulta on those articles.
But also «of article 14 and, by reference, of article 6 paragraph 1» for principles that can be deduced from articles 97, 98 and 117 of the Constitution.
The focus is especially on the commissioners provided for in the reform . According to the Legal Office, paragraph 1 of Article 14, which provides for the Regional Council to extraordinary appoint commissioners of the eight ASL, Brotzu, Areus and the two AOU within 45 days of the entry into force, is a spoils system that "is in conflict with the fundamental principles of health protection and health management". A practice that "has been repeatedly censured by the Constitutional Court, which is now consistent in deeming inadmissible causes for termination of a management position other than those legislatively provided for".
