Nadzór i sądowa kontrola działalności uchwałodawczej organów samorządu zawodów medycznych
Supervision and judicial review of the resolution activity of the bodies of the self-government of medical professions

Summary/Abstract: Substantive decentralization is the entrusting of public authority to autonomous entities based on a criterion other than territorial affiliation. The basic form of substantive decentralization is the self-government of the professions of public trust. Such self-governments include, among others, self-governments of medical professions – the self-government of pharmacists, doctors, nurses and midwives, laboratory diagnosticians, physiotherapists, and psychologists. The self-governing bodies of the medical professions perform their tasks through the organs which, within the framework of the powers granted to them by the law, conduct the legislative activity. The resolutions of the self-government bodies are passed with a simple majority of votes in the presence of at least half the members of the body. Resolutions are subject to the supervision of the Minister of Health, except for the self-government of psychologists, for which the legislator has not provided for supervisory interference. The only means of supervision available to the Minister of Health is to appeal a resolution of a self-government body to the Supreme Court. As part of the judicial review of the resolution-making activity of the self-governing bodies of the medical professions, the Supreme Court may uphold a resolution if it follows the law or repeals it if it is contrary to the law. If a resolution is overturned, the Supreme Court, except for the apothecaries’ and laboratory diagnosticians’ self-governments, refers the case for reconsideration, indicating guidelines to the self-government body as to how the case should be resolved. The Supreme Court acts in a non-procedural mode. The Supreme Court does not review resolutions adopted in individual cases of corporate members. The subject of this study is focused on the analysis of the scope of supervisory interference and judicial control of the normative activity of the self-government of the medical profession. Thus, with the exclusion of those resolutions of self-governing bodies which resolve individual cases of members of the corporation.

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