Is there a right to free prescription and dispensing of medicines? Right to free prescription and dispensing of medicines is based on multiple criteria. First of all, the economic criterion, as permitted by the Italian Constitutional Court, which accepts balancing it with other constitutional interests. Then, the social criterion, in correlation with the income and wealth of the persons concerned. Lastly, the therapeutic criterion, which is based on the safety and efficacy check of the drug. With regard to the economic and social factors, the Constitutional Court seems to admit in principle the primacy of the reasonable discretion of the legislator.
Esiste un diritto alla dispensazione gratuita dei farmaci?
COSTANZO, PASQUALE
2017-01-01
Abstract
Is there a right to free prescription and dispensing of medicines? Right to free prescription and dispensing of medicines is based on multiple criteria. First of all, the economic criterion, as permitted by the Italian Constitutional Court, which accepts balancing it with other constitutional interests. Then, the social criterion, in correlation with the income and wealth of the persons concerned. Lastly, the therapeutic criterion, which is based on the safety and efficacy check of the drug. With regard to the economic and social factors, the Constitutional Court seems to admit in principle the primacy of the reasonable discretion of the legislator.
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