On Wednesday, Attorney General Adam Bodnar withdrew from the Constitutional Tribunal the request of his predecessor Zbigniew Ziobro to introduce only one professional self-government for doctors. As the spokeswoman of the Prosecutor General said in a statement, “this is justified by concern for the constitutional values of citizens.”
The press secretary of the Prosecutor General, prosecutor Anna Adamiak, informed that the Prosecutor General Adam Bodnar He withdrew his predecessor’s motion from the Constitutional Tribunal on Wednesday Zbigniew Ziobro regarding the introduction of only one professional self-government for doctors.
“In the opinion of Prosecutor General Adam Bodnar, this motion was an attempt to undermine the idea of medical self-government and the principles of the code of medical ethics, and also violated the right to health protection,” the statement emphasized.
Ziobro’s November motion
This concerns an application to the Constitutional Tribunal from November last year, signed by the then Prosecutor General Zbigniew Ziobro, regarding the provisions of the Act on Medical Chambers. “The essence of the objection of this application is the statement that the legislator, when defining the shape of the professional self-government of doctors, unjustifiably adopted its full uniformity. It manifests itself on two levels. Firstly, only one self-government was established for the medical profession. Secondly, as the only criterion for the creation of individual units local government, the territorial criterion was taken over – with the exception of the Military Medical Chamber,” said the justification for Ziobro’s motion.
As added in this justification, “the legislator – despite the awareness of the existence of ideological differences among the members of this self-government, as well as differences in scientific and therapeutic views – obliged members of medical chambers to comply with uniform principles of medical ethics, applicable to the entire self-government, the violation of which exposes the doctor to liability professional”. In the opinion of the then PG, this led to a conflict with the principles of establishing and functioning of professional self-government and a “disproportionate restriction of the rights and freedoms of doctors.”
“The consequence of the extreme uniformity of the medical self-government is a real threat of arbitrariness in the actions and decisions that the medical self-government bodies may take towards doctors, and these actions and decisions may even result in the loss of the right to practice the profession,” it was emphasized in the justification for this motion.
“Care for the constitutional values of citizens”
In Wednesday’s statement, the GUT spokeswoman recalled that the issue that was the subject of the application “became the subject of widespread discussion during the COVID-19 pandemic, due to the opposition of some doctors regarding the validity of vaccinations.”
“At that time, a parliamentary team for the functioning of medical chambers was established in the Sejm of the Republic of Poland, and during its work, some provisions of the Act on medical chambers were questioned,” said prosecutor Adamiak.
She added that the response to the doubts presented at that time in this respect was an application to the Constitutional Tribunal. “It was argued that the introduction of only one self-government for doctors, as well as a uniform code of medical ethics, makes it impossible to accept differences in the presented worldview and therapeutic methods among doctors, which may result in professional liability of doctors,” Ziobro reported the arguments for the motion.
The PG spokeswoman also emphasized that the withdrawal of this application “is justified by concern for the constitutional values of citizens.” She added that such a decision by the current PG Adam Bodnar “results in the end of the proceedings before the Constitutional Tribunal.”
Another withdrawn application
On Tuesday, Bodnar withdrew the motion to adopt a resolution Supreme Court in the context of the gender recognition procedure. As the spokeswoman wrote in the press release, it would be an “abstract” resolution.
Main photo source: PAP/Rafał Guz