The Constitutional Court found on September 18, 2024 that the regulations called “Pharmacy for Pharmacists 2.0” were introduced in contravention of the Constitution of the Republic of Poland. These are provisions that prohibit the control of an entity operating a publicly accessible pharmacy by persons other than pharmacists or companies with their participation, as well as by entities that already operate, directly or indirectly, at least four publicly accessible pharmacies. However, the ruling was not published in the Journal of Laws because – according to the government’s arguments – the Constitutional Court was not properly established. So what are the consequences of this ruling? Below, we describe the unclear legal position of entities affected by the ruling and point out why the ruling is relevant and the question of the constitutionality of the provisions now – regardless of the debate on the formal validity of the decision.
In the summer of 2023, the House of Representatives acted on the government’s export insurance bill (2023 Code of Laws, Section 1859; hereinafter: ADA 2.0). During the work of the Joint Parliamentary Committees: Public Finance, Economy and Development, MP Adam Jaweda unexpectedly introduced an amendment to the draft introducing – as it turned out – an amendment to the Law of 6 September 2001 – Pharmaceutical Law (Consolidated text: Code of Laws 2024, Section 686 hereinafter: pf) .
