Romanian Constitutional Court Decision of Relevance in the Field of Medical Law
Romanian Constitutional Court Decision of Relevance in the Field of Medical Law

Author(s): Elena Toader, Teodora Pop
Subject(s): Essay|Book Review |Scientific Life
Published by: Editura Lumen, Asociatia Lumen
Keywords: Medical doctors; civil servants; passive bribery; High Court of Cassation and Justice; Constitutional Court decisions; constitutionalisation of medical law.
Summary/Abstract: Constitutionality review is of high significance in the area of medical law in terms of the effects that the decisions of the Constitutional Court, which have a final and generally binding nature, generate in this branch of law. The resultant of the previously reference legal effects is the constitutionalisation phenomenon of medical law, which consists of a process of interaction between constitutional and medical law rules, whose finality is both the reconciling of legal provisions governing the medical field with the provisions of the Basic Law, and the elevation of some of these rules at constitutional level. Among the decisions of the Constitutional Courts that are relevant for medical law is Decision no. 717 of 29 October 2015, whereby the impossibility to exclude medical doctors from the sphere of civil servants governed by the Criminal Code and Decision no. 184 of 29 March 2016. Related to the above mentioned decisions, is important to be mentioned that the decisions of the Constitutional Court of Romania regarding the erga omenes mandatory decisions of the Highest Court of Cassation and Justice of Romania have mandatory effect. Thus these decisions should be respected and applied by all the ordinary courts and by the Highest Court of Cassation and Justice, as well.

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