Administrative responsibility

This contribution aims to outline the changes in the perception of the risk of liability by the health workers through the critical analysis of the most recent regulatory interventions and jurisprudential guidelines. More specifically, and examining the structure of the offenses, the reflections concern the criminal liability of doctors, the civil liabilities of doctors and health facilities, the consequent fiscal liability.

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The Constitutional Court reiterates the obligation for the Government to comply with the limits of the delegated law, declaring the unconstitutionality not only of the rule raised by the referring judge but also of those strictly consequential to that contested. The ruling investigates the nature of the damage to the image of the public administration as damage consequence and not related to the relevance of the fact for the media as constituted by the rule subject to constitutional.

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