The Constitutional Court pronounced on the constitutionality of the Law on Board of Doctors, based on a challenge filed by Communist MPs Artur Reshetnikov and Igor Vremea, ruling that the legal status and powers of the given body are unconstitutional, IPN reports.
The authors of the challenge said the legal status of the Board of Doctors is incompatible with the powers of the Ministry of Health and runs counter to provisions of the Constitution.
The Court held that the state can found professional organizations to which to delegate powers in the area of public administration, including for practicing the profession of doctor, but the disputed law intercalates elements of a professional body with those of a voluntary association, instituting thus an ambiguous legal status for the Board of Doctors. On the one hand, the law says the Board can be joined on voluntary principles, but, on the other hand, gives this body the power to take decisions concerning the whole medical corps.
The Court also ascertained that some of the powers of the Board of Doctors double the powers, even some of the exclusive ones, of the Ministry of Health, which is the central competent body that implements the policy in the health sector.
By ambiguously regulating the legal status of the Board of Doctors, the challenged law does not meet the clarity requirements and runs counter to a number of articles of the Constitution. Given that the identified deficiencies affect the functionality of the law, the Court invalidated it fully. The decision is definitive.