The public organization of healtcare research in Andalusia. On the failing draft bill creating the Andalusian Health Institute of Health

Abstract

The Autonomous Community of Andalusia has carried out, during the last three decades, its own public policy in R&D on public health and sanitary issues. However, this public policy has largely relied upon private legal persons, created by the Public Administration but subject to Private Law. As a result, this public policy has been ruled by a legal regime highly inconvenient for the public interest. A recent draft legislation proposed the substitution of those private legal persons by a new public research Agency subject to Public Law. This draft legislation was soon abandoned. Nevertheless, this paper analyses the main changes proposed therein, its legal grounds and their foreseeable impact in the current situation.