KUWAIT CITY, April 30: The Court of Appeals referred to the Constitutional Court a case filed against the decision to impose compulsory contracting with a medical waste management company. The referral came against the backdrop of a grievance submitted by the Union of Private Medical Professionals and others against the Ministry of Health’s Resolution No. 196/2022 which required all medical facilities to contract with a specific company to manage and operate the medical waste treatment plant. The decision had provoked dissatisfaction in hospitals, clinics and centers because it constitutes a state of monopoly and violates the law and the Constitution, as well as threatens to have a negative impact on the quality and cost of medical services.

The defense counsel from Taher Legal Group Law Firm, Lawyer Dr. Fawaz Al-Khatib, called for canceling the decision and preventing monopoly, stressing that it violates the principles of free competition and the lack of available alternatives. He referred to Articles 16, 18, and 20 of the Constitution and Articles 2, 3, 5, 6, 7, and 8 of the Competition Protection Law, which limit the restrictive ability of ministerial decisions on property rights and competition.

Lawyer Dr. Al-Khatib affirmed the right of the private sector to invest capital in accordance with the principles of social justice and fair cooperation between public and private sectors to achieve development and raise the standard of living. All eyes are on the Constitutional Court’s ruling, which will affect the medical sector of Kuwait.

 

Source: Arab Times