Observaţii critice referitoare la transpunerea în legislaţia română privitoare la medicamentele compensate a Directivei 89/105/CEE din 21 decembrie 1988

dr. DAN CIMPOERU*

* e-mail: dcimpoeru@gmail.com

Avocat - Baroul Bucureşti

ABSTRACT

The field "Public Health", regulated by Article 168 of the Treaty on the Functioning of the European Union, is part of the category of fields of competence shared between the Member States and the Union.

The decision to subsidize the price of medicines is the result of several factors: technical, financial and political. For this reason, the Union leaves the decision in this field to the discretion of the Member States but, pursuant to the principle of subsidiarity and proportionality, it tries to standardize certain procedural aspects, meant to ensure the free movement of goods and services. In this respect, it has been adopted Directive 89/105/EEC of the Council of 21 December 1988. In order to ensure a better transposition of this directive, in 2014,...