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Prof. dr hab. Jacek Jagielski
ORCID: 0000-0002-3033-3282

Full professor at the Faculty of Law and Administration of the University of Warsaw.

 
DOI: 10.33226/0137-5490.2024.10.4
JEL: K23

The paper is a contribution to the ongoing discussion regarding the issue of withdrawing permits to run a generally accessible pharmacies in the context of exceeding of so-called concentration limits. In the study, authors claim that in the period between coming into force of the regulation "Pharmacy for Pharmacist" ("apteka dla aptekarza" - 2017) until the amendment of art. 99 of the Pharmaceutical Law of 2023, there was no legal basis for withdrawal by public authorities a permit to run pharmacy due to the exceeding concentration limits. What is more, authors claim that in particular article 37ap of the Pharmaceutical Law could not be considered legal grounds for such actions. Only after the amendment of article 99 of the Pharmaceutical Law (by Act of 13 July 2023 amending the Act on export insurances guaranteed by the State Treasury and certain other acts), possibility of applying sanctions towards entrepreneur who exceeded concentration limits, was introduced to the legal system.

Keywords: generally accessible pharmacy; permit; Pharmacy for Pharmacist; withdrawal of the permit; concentration limits