Statement on the ruling of the Tribunal Superior de Justice of Madrid.
Madrid, December of 2011- the Ministry of health of the Madrid has decided to not bring an appeal against the judgement by the Tribunal Superior de Justice of Madrid (TSJM) on 23 November, against the Decree 52/2010 of 29 July, which establishes the basic structures health and management of primary care of the single area of community health Madrid, which was annulled paragraph 1 of article 9 of the said Decree.
This decision is carried out according to the report issued by the legal services of the community of Madrid, the grounds for appeal are taxable, and the only reason that would have been able to claim is a hypothetical infringement of the legal system by the TSJM in its judgment.
The legal services understands that such hypothetical infringement is difficult legal justification, reason by which the viability of the resource who submitted the community of Madrid would have had little chance of success.
All of this the Minister of health of the community of Madrid, Javier Fernández-Lasquetty, reported directly to the President of the College of nursing in Madrid, the Union of nursing, Satse, and scientific societies of nursing.
The annulment of paragraph 1 of article 9 of Decree 52/2010 of 29 July, which establishes basic structures health and management of primary care of the single area of health of the community of Madrid, only affects the figure of the Director of Health Center, by which does not question in any way the establishment of the area of health in the community of Madrid.
The amendment mentioned to follow procedures and prescriptive reports in the preparation of general provisions, until its adoption by the Council of Government of the community of Madrid.
Until that occurs the entry into force of the amendment, and bearing in mind that health centers are the key structure of primary care, the Ministry of health kept in their posts the current Directors of Centre, in order to ensure the continuity of the activity of the same.