Tuesday 18/Feb/2025 – 12:56 PM
The 112nd Department of the Administrative Judicial Court in Qena ruled in the lawsuit filed by Dr. Hani Sameh, the lawyer, to cancel a pharmacy license in the city of Abu Tisht; TIn implementation of the ruling of the Supreme Constitutional Court, not to be unconstitutional, the requirements for the distance between pharmacies, even in the event of the demolition of real estate.
The Administrative Judicial Court, Qena, cancels a 20 -year -old pharmacy license, in force for the ruling of the Constitutional Court
The ruling came to cancel the decision issued by the competent authorities to license a pharmacy in Abu Tisht 20 years ago, as the court considered it contrary to the ruling of the supreme constitutionalism with the absolute authenticity in the case No. 185 of the year 35 constitutional judicial, which ruled that item 3 item 3 of Article 14 of the Law of the Profession Law Pharmacy No. 127 of 1955 regarding the exception of the distance requirement for pharmacies transferred due to the demolition.
The appeal submitted to the court in Case No. 14214 of 31 BC was based on the fact that the pharmacy contested against it obtained the license despite its occurrence at a distance of less than 100 meters from the nearest pharmacy, which contradicts the condition of the law specified legally, and affects drug planning and fair distribution of pharmacies. The appellants, one of which is the owner of a neighboring pharmacy, and the other pharmacist who possesses a licensed property and wants to open a new pharmacy that meets the condition of the distance, that the continuation of the license for the contested pharmacy against it violates the principle of equal opportunities between pharmacists.
In the reasons for its ruling, the court clarified that the judiciary is unconstitutional of any legislative text that reveals a constitutional bouquet that makes it non -impact since its issuance, which requires the abolition of all decisions and licenses issued according to it, and the court also confirmed that the distance condition between pharmacies is not just an organizational action, but rather a fundamental condition for guaranteeing A balanced distribution that achieves the public good and prevents illegal competition between pharmacies.
The ruling was based on the opinion of the general assembly of the fatwa and legislation sections of the State Council, which confirmed that it is not permissible to transfer pharmacies after the demolition of its properties, and explained that the continuation of work in licensing pharmacies transferred without taking into account the condition of the distance contradicts the principle of equality stipulated in the constitution.
Hani Sameh, the lawyer, said that the ruling is a legal precedent confirming the commitment to implement the provisions of the Supreme Constitutional Court, and obliging the executive authorities to cancel the violating licenses, and the door opens to similar appeals in similar cases, which may lead to a review of the conditions of a number of pharmacies that obtained their licenses in violation For the law, what was called the red license.
