El acceso a la sanidad públicatransformaciones del modelo y límites constitucionales.

Abstract

By means of the Royal Decree-Law 16/2012 from April 20 th , Spain has adopted the so called health reform which has been subject of multiple critics and the «breeding ground» for several appeals of unconstitutionality filed by different Autonomous communities, the first of them was settled in July 2016. A reform that this work studies from a twofold perspective. Firstly, from the point of view of the holder of the right as legitimating title to access to the health public system. In this respect, the fact that access to the health public system is linked to the condition of insured entails the expulsion from the National Health system of a whole entire group of people taking into account their administrative situation in Spain. And secondly, from the perspective of the implications of the reform regarding the model of the health protection which provokes the rupture of universality as a guiding principle that informs the access to the exercise of the right to health.