Distribution of competence in health matters and complications arising during the state of alarm in Spain

Authors

  • Mª. Isabel Álvarez Vélez Universidad Pontificia Comillas

DOI:

https://doi.org/10.18042/cepc/redc.128.04

Abstract

During the health crisis caused by the covid-19 coronavirus pandemic and during the declaration of the state of alarm, there was an alteration in the sphere of competence between the State and the Autonomous Communities in health matters. This work initially deals with a study on the scope of said distribution of competences and the modifications that occurred during the years 2020 and 2021. The health matter is included in art. 149.1.16ª EC by virtue of which the State has exclusive competence “over foreign health”, over “the bases and general coordination of health and over the legislation of pharmaceutical products”. For their part, the Autonomous Communities have powers in the legislative development and execution of the basic legislation of the State in matters of internal health and hygiene, as well as in the management of these powers, in the organization and pharmaceutical establishments, in relation to the execution of State legislation in pharmaceutical products and, finally, in institutions, health services and in what refers to hospital coordination.

In health matters, the State and the Autonomous Communities would always concur, although in the management of the state of alarm, the State has acted with a prevailing position. In fact, the Autonomous Communities have a special duty to collaborate and cooperate in overcoming the alleged event causing the state of alarm, so that the exercise of their powers must always be subject to said duty.

Published

2023-09-21

Issue

Section

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