The Italian legislature has intervened on several occasions to liberalize, at least partly, the pharmaceutical public service. Nonetheless, several restrictions on the private economic initiative and a wide planning system characterize, even today, this sector. Clearly, this situation arises from the strong connection existing between the pharmaceutical service and the health protection, which – under the European law – allows the provision of limits to competition rules. This paper is aimed to: a) underline the effects, in terms of efficiency and user protection, deriving from the recent liberal reforms; b) verify if further liberal interventions in this sector would be legitimate and appropriate, also examining the EU Court of Justice and Italian Constitutional Court “conservative” jurisprudence; c) envisage possible solutions to determine the right balance between the need for liberalization and the need for health protection. In particular, the goal is to overcome the traditional approach – which set the right to health exclusively as a limit to the use of competitive dynamics – and to bring out the benefits for the users arising from a competitive environment, in terms of greater quality and lower cost of the service.

Linee evolutive del servizio di assistenza farmaceutica. Ipotesi di valorizzazione dell’art. 32 Cost. in senso pro-concorrenziale

CALABRO', Marco
2015

Abstract

The Italian legislature has intervened on several occasions to liberalize, at least partly, the pharmaceutical public service. Nonetheless, several restrictions on the private economic initiative and a wide planning system characterize, even today, this sector. Clearly, this situation arises from the strong connection existing between the pharmaceutical service and the health protection, which – under the European law – allows the provision of limits to competition rules. This paper is aimed to: a) underline the effects, in terms of efficiency and user protection, deriving from the recent liberal reforms; b) verify if further liberal interventions in this sector would be legitimate and appropriate, also examining the EU Court of Justice and Italian Constitutional Court “conservative” jurisprudence; c) envisage possible solutions to determine the right balance between the need for liberalization and the need for health protection. In particular, the goal is to overcome the traditional approach – which set the right to health exclusively as a limit to the use of competitive dynamics – and to bring out the benefits for the users arising from a competitive environment, in terms of greater quality and lower cost of the service.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11591/333662
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