Charakter prawny Narodowego Programu Rozwoju Medycyny Transplantacyjnej
Legal Nature of the National Program for the Development of Transplantation Medicine

Summary/Abstract: The aim of the article is to define the legal nature of the Multi-annual Program 2011-2020 called the National Program for the Development of Transplantation Medicine. This program was adopted by the Council of Ministers on 12 October 2010 in the form of theResolution No. 164/2010 pursuant to art. 136 of the Act of 2009 on Public Finances and § 7a of the Resolution No. 49 of the Council of Ministers of 19 March 2002 –Rules of Procedure for the Council of Ministers. The analysis of the legal basis of the program as well as its content in connection with the provisions of other generally and internally binding regulations relevant to its implementation leads to the conclusion that the Program is a planning act that establishes current and investment tasks performed in accordance with the adopted schedule. Thus, in the light of the theory of administrative law, it constitutes an administrative policy act which, although is not a generally or internally binding normative act, complements the formal sources of administrative law in a functional sense asa policy act of the Council of Ministers concerning a specific sphere, and so the entities obliged to realize this policy are required to take it into account.

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