La Corte costituzionale e l'inedita funzione sociale del diritto alla salute

According to the Italian Corte costituzionale, art. 139 d.lgs.7 settembre 2005 n. 209 – which introduces a special method of calculation of damages to health, caused by traffic accident – doesn’t contrast with Italian Constitution. The judgement, whose purpose is to balance protection of health with economic reasons, seems to forget the importance of the former as a fundamental right (art. 32 cost.), which is subject to limitation only in the presence of other constitutional rights. Also the principle of equality (art. 3 cost.) is observed in the opinion of the Court. But it’s difficult to accept this conclusion considering the remarkable difference between calculation of damages under civil liability general rules and under art. 139 d.lgs 209/2005.