Analytical Reflections on the Unconstitutionality of Law no. 236/2020 Regarding the Amendment of Some Normative Acts Cover Image

Reflecţii analitice asupra neconstituționalității Legii nr. 236/2020 privind modificarea unor acte normative
Analytical Reflections on the Unconstitutionality of Law no. 236/2020 Regarding the Amendment of Some Normative Acts

Author(s): Iulian Rusanovschi
Subject(s): Constitutional Law
Published by: Universitatea Liberă Internațională din Moldova
Keywords: constitution; health; equity; pharmacy; medicines; legislator; justice; principle; pharmaceutical security;

Summary/Abstract: Adoption of Law no. 236/2020 on amending some normative acts created a chain of negative reactions in society. These reactions were justified by the violation of the procedure for the adoption of normative acts by the Parliament, given that the draft law did not have the favourable opinion of the Government, although it provides for annual expenditures from the national public budget. There are clear and substantiated presumptions on the unconstitutionality of Law no. 236/2020 regarding the amendment of some normative acts, especially in conjunction with art. 36 of the Constitution which guarantees the right to health of the population. Pharmaceutical security is an important component of the fundamental right to health and no normative act can infringe this constitutional prerogative.Through these reflections, the premises of unconstitutionality of Law no. 236/2020 regarding the amendment of some normative acts were analyzed, they also served as informational support for notifying the Constitutional Court of the Republic of Moldova regarding the constitutionality control of this normative act.

  • Issue Year: 2020
  • Issue No: 3-4
  • Page Range: 200-214
  • Page Count: 15
  • Language: Romanian
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