2019, 1

Osservatorio sulle fonti / Observatory on Sources of Law

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Section: Sources of Law in the EU member States

SPAIN– 2018

By Ana Carmona Contreras, University of Seville

Name of the Act/s

Real Decreto-ley 7/2018, de 27 de julio, sobre el acceso universal al Sistema Nacional de Salud

Date of entry into force of original text

July, 31, 2018.

Date of Text (Adopted)

July, 27, 2018.

Type of text

Royal Decree-Law /Real Decreto-Ley

If federal State

Federal level

□ State level (specify the State)

If Regional State

x State level

□ Regional level (specify the Region/Comunidad Autonoma)

Enacted by

Government/Congress of Deputies

Reference to the Constitution (art)

Article 43:

--- 1. “The right to health protection is recognised”.

--- 2. “It is incumbent upon the public authorities to organize and watch over public health by means of preventive measures and the necessary

benefits and services. The law shall establish the rights and duties of all in this respect”.

Subject area

Right to health; Immigrants.

If the act implements a source of EU Law: cite the relevant EU legal source

Comment

The commented Royal Decree-Law replaces the Royal Decree-Law 16/2012 of 20 April, on urgent measures to ensure the sustainability of the national health system and improve the quality and safety of its performance measures. This regulation, approved by the Government chaired by Mr. Rajoy during the economic crisis substantially restricted health rights of undocumented migrants living in Spain, since "left out of health care from public funds adults not registered or authorized to reside in Spain" and limiting the assistance to cases of "urgency serious illness or accident to high medical situation and care during pregnancy, childbirth and postpartum."

Making a clear difference with such a regulatory approach, the current RDL primarily aims to "guarantee the right to health protection and health care, under the same terms to all persons who are in the Spanish State". Consequently, the ownership of the right to health protection and health care is predicated of all people, regardless of nationality, who have established their residence in the Spanish territory.

Secondary sources/ doctrinal works (if any)

Available Text

https://www.boe.es/diario_boe/txt.php?id=BOE-A-2018-10752