DIRITTI E FRONTIERE: CITTADINANZA E DIRITTO ALLA CURA TRANSFRONTALIERA NEL SISTEMA DELL’ASSISTENZA SANITARIA

The evolution of the concept of “citizenship” within the European Union has highlighted how it has lost its traditional connotation associated with individual rights and nationality, being reformulated under the broader concept of “Union Citizenship.” This new form of citizenship entails the attribution of political, civil, social, and cultural rights, integrated into the Charter of Fundamental Rights of the European Union and other European regulations, which recognize the centrality of the “Person” as the subject of rights. Nevertheless, there is a need for hermeneutical intervention to systematize the legal and cultural traditions of the Member States, particularly concerning the protection of health, which is regarded as a fundamental and non-negotiable right. However, Italian jurisprudence still exhibits resistance in recognizing a universal right to healthcare assistance abroad, limiting itself to providing subsidiary support, which highlights disparities in the treatment of citizens and the implications of available financial resources. The more the position of the patient/person and/or citizen of the European Union can be redefined, the more it becomes feasible to achieve, within the European and supranational context, a further rationalization of the healthcare services market and an improved integration into health policy.