Abstract

The article reflects upon the Italian national health service, starting from the premise that the latter represents a constitutionally required public service, whose provision is ensured within stringent financial constraints by a plurality of public and private subjects. Although the involvement of private subjects takes place through the so-called system of the three A (authorisation, accreditation and agreements), public entities, which are required by law to guarantee essential levels of assistance (LEA), enjoy funding and financial support that appear to be prejudicial for the accredited private operators. The issue has been finally addressed by the Tribunal of the CJEU, which decided it in light of EU rules on the prohibition of State aids