The auction of medicines of Andalusia is clearly contrary to the Constitution.
CEOFA requested that in respect of constitutional challenge.
Andalusia, February 2012. The amendment of the Andalusian Pharmacy Law, to introduce medicines auctions, invades the exclusive powers of the State and alters the Andalusians access right to the medicine on equal footing with the rest of the Spanish.
The Business Confederation of Andalusia pharmacy offices (CEOFA) already warned him in May 2011 when the SAS tried to establish the system of auctions through the concert with pharmacists: not can tender is the drugs or through agreements or by regional standards. The same conclusions were reached when the Junta de AndalucÃa try to handle it as a decree, as was demonstrated by the Garcia law firm of EnterrÃa in its opinion of July 2011.
Now, adopted as Legislative Decree, reached identical conclusions in its opinion of unconstitutionality, saying that the articles governing the auction of medicines lack of validity for having been adopted that decree law in violation of article 149.1 sixteenth of the Constitution, which attributes to the State exclusive competence to legislate on pharmaceuticals ”; and that violates article 38 of the Constitution to influence the freedom of enterprise and limiting free competition disproportionately ”.
On the basis of the above, the patron CEOFA pharmaceutical has asked the State Government that use all action of unconstitutionality, as only option to ensure the fairness and cohesion of the national system of health, without discriminating against patients on the basis of their place of residence.
From CEOFA want to remember, also, that the law provides for the possibility of initiating dialogue between State and autonomous community for the purpose of eliminating defects of unconstitutionality.
