Table of contents

1. Foreword. Ecclesiastical law and the public role of religions – 2. The public role of religions and the new vicissitude of ecclesiastical bodies between subsidiarity and collaboration-cooperation – 3. The hospitaller activity of ecclesiastical bodies and the interpretation of subsidiarity in today's context from the crisis of public resources: the importance of the theme and emerging issues – 4. The hospitaller activity of ecclesiastical bodies in the context of the dialectic between the purpose of religion and worship and so-called other activities – 5. The Church and health and welfare activities in the evolution of the state form – 6. The inclusion of ecclesiastical hospitaller bodies in the health system. Regime specialty in the first indications of Law No. 132/1968 – 7. The need for balance in the first interpretative junctures - 8. The hospital ecclesiastical bodies in the National Health Service (Law No. 833/1978) – 9. The confirmations of the 1992 health care reform, in its original approach and in its subsequent reforms – 10. Private hospital activity and the further steps of Sustainable Welfare: Decree Law No. 112/2008 – 11. The reaffirmed private nature of ecclesiastical hospital entities, between equalization and specialty. The consequences on the issue of the extension, to them, of the principle of non-derogation of the spending constraint. The indications of Decree Law No. 112/2008 – 12. The repercussions on hospital ecclesiastical bodies. New issues of specialty between normative datum and jurisprudential uncertainties – 13. The principle of equalization under renewed scrutiny by administrative jurisprudence: confirmations and clarifications – 14. In particular, the declared confirmation of established guidelines and the implicit cues for their downsizing in TAR Campania, sentence 2405 of May 23, 2012 – 15. The emergence of the contrast: the different interpretation of the scope of the principle of equalization in two sections of the same Regional Administrative Court (TAR Puglia, sec. III, Oct. 20, 2011, no. 1796 and TAR Puglia, sec. II, Feb. 29, 2012, no. 453 and, June 5, 2012, no. 1097) – 16. In particular, the specialty of the hospital ecclesiastical body in the light of the interpretation of the public-private relationship in the articulated reconstruction of the second section of the Apulian TAR – 17. The effects of the classification in the normative evolution of the national health system – 18. The redefinition of the public-private relationship in the transition from Legislative Decree No. 229 of 1999 to Legislative Decree No. 112 of 2008 – 19. The private nature of hospital ecclesiastical institutions. Equalization and consubstantiality – 20. Private hospital entities and market logic in the perspective of the prohibition of state aid – 21. The diversified solutions of the judges of the first instance under consideration by the Council of State: the partial confirmation of established guidelines – 22. In particular, the different assessment of the profiles of remuneration for extra-budgetary services and deficit compensation in Council of State, Sec. III, Feb. 6, 2013, No. 697 – 23. The downsizing of the positions of the second section in Council of State, sec. III, Feb. 8, 2013, no. 735 – 24. Confirmations on the effect of the reform: the binding and mandatory nature of spending caps – 25. Judgments Nos. 697/2013 and 735/2013, beyond the tenor of the decisions: the principle of subsidiarity at the time of the spending review – 26. Honors and burdens of subsidiarity

Abstract
The article explores in multiple aspects the legal position of the ecclesiastical hospital corporation in the light of administrative jurisprudence and acquisitions on subsidiarity, public spending restraint and public-private relationship