Pharmaceutical Jurisprudence In Senegal From 2010 To 2020

Ndao Y, Pr Youssou Ndao, Laboratory of Galenic Pharmacy and Legislation. Faculty of Medicine, Pharmacy and Odontology. Cheikh Anta DIOP University of Dakar

ABSTRACT

Although many pharmaceutical decisions are rendered by our courts, they are archived and inaccessible. Our work objective was to study pharmaceutical jurisprudence in Senegal, from 2010 to 2020. We collected at the level of Dakar high court and the Supreme Court, decisions rendered by courts of Kaolack and Diourbel regions. We first proceeded with a chronological summary of facts, then retraced different phases before the courts. Then arguments of each party were clarified. The legal question was formulated to obtain the solution chosen by judges. In case No. 780 of October 31, 2012, judge does not sanction illegal practice of pharmacy, but exhibition and street sale of medicines, based on article L.591 from book V pharmacy. As for case No. 712 of July 25, 2018, it reveals limits still linked to a poor assessment by the judge of pharmaceutical legal framework. On judgments rendered by the higher courts, the solution of the criminal chamber of the Supreme Court reaffirms the principle of powers separation. Decisions rendered mostly concerned illegal practice of pharmacy, followed by a dispute relating to a lease for commercial use. However, judge's decisions on illegal exercise, reveal limits linked to a poor appreciation of the legal framework.