La prestación sanitaria en el Estado autonómico: las incongruencias entre el modelo competencial y su financiación

The Spanish Constitution reserved to the central legislative power the competence to establish the minimum fundamental services in health (art. 149.1.16 CE), while the Autonomous Communities are the competent ones for their legislative development and management. During these more than forty years o...

Full description

Saved in:
Bibliographic Details
Main Author: Sáenz Royo, Eva
Format: Article
Language:Spanish
Published: 2020
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=7547224
Source:Revista española de derecho constitucional, ISSN 0211-5743, Año nº 40, Nº 119, 2020, pags. 119-149
Tags: Add Tag
No Tags: Be the first to tag this record
Summary: The Spanish Constitution reserved to the central legislative power the competence to establish the minimum fundamental services in health (art. 149.1.16 CE), while the Autonomous Communities are the competent ones for their legislative development and management. During these more than forty years of validity of the constitutional text there has been a progressive decentralization in health management, which would culminate in 2001, along with an important legislative centralization. This competence distribution contrasts with the financing system designed for healthcare provision since 2001. A system in which the weight of the responsibility for spending rests primarily with the Autonomous Communities. This paper analyzes the competency distribution in Spain in health matters and relates it to the financing system designed, showing the inconsistency that exists in this regard in the design of health care.