Farmaci e livelli essenziali in materia di diritto alla salute

This study focuses on the aspects and problems of the legalization of drugs from a constitutional point of view. In this perspective, firstly, it examines the concept of the “essential service levels” (ESL), as defined, in particular, by legislation and case law of the Constitutional Court. Secondly, there is a type of ESL, which is the “Essential Levels of Assistance” (LEA). Therefore, the interrelations between LEA, distribution of medicines and the right to health must be considered. Finally, the article analyses the connections between of LEA and the form of the national State. In particular, the clause regarding the essential service levels “which must be guaranteed throughout the national territory” (as referred to in art. 117 Const., as innovated in 2001), may provide a key to the reading of the “statute” of the existing social rights (especially, those related to the protection of human health). In this context, the issue concerning the relationship between ESL and management of social welfare is particularly relevant, especially, in the current economic context.