El derecho a la protección de la salud: competencia compartida y propuestas de futuro

Abstract

The paper examines several implications that health crisis caused by the COVID-19 pandemic has had in our legal system. The paper focus on the most relevant, specially those that relate to the growing significance of the right to health protection, which has become bounding of other fundamental rights and public freedoms.

Another relevant issue has been the incidence of the pandemic in the distribution of powers between the State and the Autonomous Communities in health matters, particularly in public health, and the impact on this matter of the judicial decisions that have occurred.

Al last, but not least, the paper examines the proposals that may be made in the future for the recovery of the legal system, especially in the field of health law, which allow us to react to emergencies with greater legal certainty and more guarantees, in particular in relation to rights and freedoms of citizens.