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President Andrzej Duda – amendment to the Act on the National Oncology Network referred to the Constitutional Tribunal for post-control

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The Chancellery of the President announced that Andrzej Duda has submitted an amendment to the Act on the National Oncology Network to the Constitutional Tribunal. This is another bill sent to the Constitutional Tribunal due to the absence in the Sejm of Mariusz Kamiński and Maciej Wąsik, whom the president still considers to be MPs.

“The President of the Republic of Poland, Andrzej Duda, submitted to the Constitutional Tribunal, under the post-control procedure, a request to examine the constitutionality of the Act of February 22, 2024 amending the Act on the National Oncology Network,” the Chancellery of the President announced on Friday.

The amendment extends the deadline for implementing the National Oncology Network to April 1, 2025. The amendment itself entered into force on March 31 after being signed by President Duda on March 18.

READ ALSO: The budget bill in the Constitutional Tribunal in the follow-up procedure. What is it and what does it mean?

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An application to the Tribunal has been posted on the website of the Chancellery of the President. The document shows that the president signed it on Friday and it was received at the Constitutional Tribunal's office on the same day. In the motion, the president cites doubts that “result from the actions of the Speaker of the Sejm related to the declaration of the expiry of the mandates of MPs Mariusz Kamiński and Maciej Wąsik.”

Andrzej DudaŁukasz Gągulski/PAP

Another bill submitted to the Constitutional Tribunal

This is another bill submitted by the president to the Constitutional Tribunal in recent weeks under the post-control procedure. Previous applications included, among others: regulations on higher education and science, amendments to the Act on the National Center for Research and Development and amendments to the Act on assistance to citizens of Ukraine in connection with the war.

The first applications, at the end of January, concerned, among others: the budget act for 2024 and the budget-related act. “Due to doubts related to the correctness of the procedure for adopting the above-mentioned acts, i.e. the inability of MPs Mariusz Kamiński and Maciej Wąsik to participate in the work of the Sejm on these acts, the president decided to refer the above-mentioned acts, in the mode of post-control, to the Constitutional Tribunal for examination their compliance with the Constitution,” the presidential office said then. It was announced that similar actions would be taken by the president each time MPs were prevented from exercising their mandate resulting from general elections.

The case of Kamiński and Wąsik

On December 20, 2023, the District Court in Warsaw sentenced Kamiński and Wąsik to two years of imprisonment for exceeding their powers in the so-called the land scandal of 2007. A day later, the Speaker of the Sejm issued a decision to expire the mandates of both PiS MPs.

Maciej Wąsik, Mariusz KamińskiLeszek Szymański/PAP

Both appealed against the marshal's decisions. The latter referred these appeals to the Chamber of Labor and Social Insurance of the Supreme Court.

However, the judge assigned to the case of Wąsik's dismissal in the Chamber of Labor issued a decision to transfer the case to the Chamber of Extraordinary Control, which overturned the Marshal's decision to expire Wąsik's mandate. A day later, this chamber repealed the decision to expire Kamiński's mandate. This was possible because both politicians, regardless of their appeals submitted to the Chamber of Labor through the Marshal, also submitted their appeals directly to the Chamber of Extraordinary Control.

In turn, the Chamber of Labor and Social Insurance, which retained Kamiński's appeal sent there by the Speaker of the Sejm, did not accept it on January 10. The Speaker of the Sejm, Szymon Hołownia, has repeatedly said that Kamiński and Wąsik are no longer MPs. Law and Justice politicians have a different opinion.

Amendment to the Act on the National Oncology Network

The act submitted to the Tribunal on Friday concerns the National Oncology Network (KSO). It is intended to provide comprehensive oncological care in the country, and individual stages of treatment are to be carried out according to strictly defined standards. The most complex medical services will be provided at a highly specialized level, complex medical services at a specialist level, and the simplest ones – at a basic level. Qualification for particular levels is to be based on criteria taking into account, among others: the number and qualifications of medical staff and diagnostic and therapeutic possibilities.

The amendment submitted to the Constitutional Tribunal introduces a change in the deadline for the first qualification of facilities for individual levels of oncological care coverage. It is to be carried out by March 31, 2025, which, among others, will allow the National Health Fund to reliably verify entities performing medical activities in terms of the criteria determining belonging to the level of coverage of oncological care of the National Health Fund. The change of date is also intended to provide entities with the time necessary to prepare human and organizational resources and establish the rules for the flow of information between them.

The amendment also provides for the postponement of the deadline for implementing the obligation imposed on entities included in the KSO to provide data on oncological care provided from April 1, 2024 to April 1, 2025. It also assumes that the provisions regarding registration for first-time health care services in the field of oncology will enter into force July 1, 2025. This is related to the need to adopt appropriate legal changes in the field of central e-registration.

Originally, in accordance with the Act on the National Oncology Network adopted in March 2023, entities performing medical activities and not being part of the National Oncology Network were to cease to be entitled to provide oncological care under the contract concluded with the National Health Fund for the provision of health care services from April 1, 2024 r.

Main photo source: Łukasz Gągulski/PAP



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