Order No. 15404 of 2024: Ordinary Jurisdiction and Contributions to Healthcare Facilities
The recent Order No. 15404 of June 3, 2024, issued by the Court of Cassation, raises important issues regarding jurisdiction in matters of public contributions intended for accredited private healthcare facilities. In a context marked by the COVID-19 health emergency, the Court has established that disputes concerning contributions provided for by Article 4, paragraph 5-bis, of Legislative Decree No. 34 of 2020 fall under the jurisdiction of the ordinary judge. This ruling provides a clear and detailed framework on the role of institutions and the mechanism for disbursing subsidies.
The Regulatory Context
Article 4, paragraph 5-bis, of Legislative Decree No. 34 of 2020, converted into law by Law No. 77 of 2020, provides for financial aid for accredited private healthcare facilities that, due to the pandemic emergency, had to suspend their activities. The Court has clarified that these contributions are not subject to discretionary powers by the healthcare administration, which is limited to overseeing the use of resources.
The Ruling's Headnote
Contribution disbursed to accredited regional healthcare facilities, pursuant to Article 4, paragraph 5-bis, of Legislative Decree No. 34 of 2020, concerning urgent measures related to the COVID-19 epidemiological emergency - Jurisdiction of the ordinary judge - Basis. In matters of public contributions and subsidies, the jurisdiction of the ordinary judge exists concerning disputes relating to the financial aid provided for by Article 4, paragraph 5-bis, of Legislative Decree No. 34 of 2020, converted into Law No. 77 of 2020, in favor of accredited private facilities that, due to the COVID-19 health emergency, had to suspend their ordinary activities, as these are legally mandated contributions for which the healthcare administration exclusively retains oversight functions, without any discretionary power to assess the benefit.
This headnote highlights the principle of legality governing the granting of contributions, limiting the administration's power and ensuring judicial protection for the interested parties.
Conclusions
Order No. 15404 of 2024 marks an important step in protecting the rights of accredited private healthcare facilities. The affirmation of the ordinary judge's jurisdiction allows for more direct access to justice for healthcare companies that have suffered economic damages due to the suspension of activities. This ruling not only clarifies jurisdictional competencies but also offers a signal of support to the private healthcare sector during a time of crisis.
