The Constitutional Court has declared unconstitutional legislative changes that barred doctors employed in public healthcare from also working in private practice, dealing a major blow to the government’s health reform agenda. In a unanimous decision issued on 24 December, the court ruled that the ban violated Article 49 of the Constitution, which guarantees freedom of employment, and said the previous legal framework will remain in force until lawmakers revise the law.
Adopted in April, the amendments to the Health Services Act imposed a full ban on dual practice for public-sector health professionals, allowing only very limited work within the public health network.
The court rejected the government’s argument that such a sweeping ban was necessary to protect public healthcare, noting that less restrictive and more proportionate measures could achieve the same goal.
The case was brought by the Medical Chamber, associations of private doctors and dentists, and private providers, who argued the ban was disproportionate and failed to address systemic problems in public healthcare. While striking down the full ban, the court upheld other elements of the reform, including restrictions on sole proprietorships within the public network and the requirement that concession holders employ their own staff. The National Assembly now has one year to bring the law into line with the Constitution.
