Advance treatment instructions. Exploring public and private law

Abstract

This paper covers on the "end of life" with particular attention on DAT.
I have analysed case-law of major interest on the relevant principles of constitutional law.
I have also focused on the civil aspects of private law and notary law regarding the receipt of the DAT.
The Welby, Englaro and Antoniani cases confirm the presence of a deep legislative gap of Italian legislation on the subject of end of life.
The Antoniani case is a leading case that elicited the attention of the Constitutional Court with the judgement n. 242 of the 22nd of November 2019 with reference to the crime of instigation to suicide.
The topic of the DAT concerns civil aspects related to the will to regulate a condition of future incapacity of subjects struck by accidents which gravely compromise their functional abilities.
I have also analysed the aspects regarding the legitimacy of the receipt of the documents in question and their content.