The capital’s authorities once again demand that the South Hospital be returned to the city. They also point out the mistakes of the government commissioner, who in their opinion manages the institution badly and puts it in debt. – This hospital was taken away from Warsaw residents and residents of Warsaw in a way that violates the law, which is why we are demanding its return once again – appealed the president of the capital, Rafał Trzaskowski.
The City Hall organized a press conference on the situation of the Southern Hospital on Tuesday. President Rafał Trzaskowski said at the outset that the city cooperated with the government in the fight against the pandemic, but with regard to the hospital in Ursynów, “this cooperation was, to put it mildly, very, very badly”. – The rulers took the Southern Hospital from us. They took it from Warsaw residents and residents of Warsaw without any justification. However, the court’s judgment clearly confirms that there were simply no grounds for taking the Southern Hospital, said Trzaskowski.
The mayor of Warsaw referred to the judgment of the Provincial Administrative Court which annulled the decision to appoint a government representative. According to Trzaskowski, the court’s ruling shows “a great disgrace of the Ministry of Health”. The president also quoted several points from the justification of the judgment. – In the justification we read that the Minister of Health issued a decision to take over the Southern Hospital without the legal obligation to inform all parties and persons concerned about the initiation of the proceedings. There was also an incorrect definition of the party to the proceedings. The decision was also not delivered to the parties – quoted the Mayor of Warsaw. – You could list and list all these errors and shortcomings – he added.
Trzaskowski criticizes the government commissioner at the Southern Hospital
– This hospital was taken away from Warsaw residents and residents of Warsaw in a way that violates the law, so once again we are demanding its return. Unfortunately, this hospital is very badly managed by the commissioner whom the minister has appointed. The hospital is getting more and more indebted – pointed out Trzaskowski. He also reminded that the city wanted to use the facility to create a postovid rehabilitation department for convalescents, because these are the needs of the inhabitants of the capital nowadays. “This hospital will not be able to treat patients who are infected with covid and will have other comorbidities, meaning the burden will be shifted to other city hospitals anyway,” he added.
“Today, there is no justification for this hospital still in the hands of the ministry and for it to be poorly managed, so that these debts grow at an avalanche pace,” he said. – We demand the release of this hospital, because the consequences may be very, very serious – said Trzaskowski.
Vice-president: the court shared our opinion in full
Deputy Mayor Renata Kaznowska recalled that during the press conference on March 26, representatives of the city pointed out that the decision of the Minister of Health to introduce the government commissioner to the Southern Hospital violates “fundamental principles of administrative procedure”. – The Voivodship Administrative Court in the judgment, which we have just received in writing, fully shared our opinion. Point by point – Kaznowska informed.
She also listed the errors that, according to the court, were committed in the administrative proceedings of the Ministry of Health: failure to conduct administrative proceedings, failure to conduct evidence proceedings, inability to read the city’s documentation collected by the minister of health, basing the decision only on the voivode’s request, failure to notify the parties to the proceedings, incorrect designation of the parties to the proceedings . – These are the basics of the Administrative Procedure Code. All these foundations were broken and the Provincial Administrative Court unequivocally drew attention to it – said the vice president.
As she added, the WSA, apart from dividing the allegations contained in the city’s lawsuit, also pointed to two other important issues. – Issue number one: when a minister has made a decision under section 247b of the so-called covid law, he should do so when “there is a very good case”. The minister did not prove that “there was a particularly justified case”, and he should have done it, said Kaznowska. – The court challenged the thesis of the minister about the alleged fault of the management of the Solec Hospital, which did not prepare 300 beds, including 80 ventilator beds, which was the basis for taking the hospital from us. The court pointed out that the obligation to prepare 300 beds rested on Ms Ewa Więckowska, as president of the Solec Hospital. The same president Więckowska, whom the minister appointed as the government commissioner – she added.
The City Hall calls for the South Hospital to return to the city on August 25
The vice president also argued that although the minister of health has the right to appeal against the ruling of the Provincial Administrative Court to the Supreme Administrative Court, the decision to introduce a government commissioner is invalid in the light of the provisions. – Invalidity, it means that the decision has not been in legal circulation since March 26. This means that the minister is obliged to hand over the hospital to us – she emphasized.
– Today, your plenipotentiary received a call from the president to hand over the hospital to us tomorrow – Kaznowska said. As she explained, the city wanted to start preparations for the fourth wave of the pandemic already in spring and called for the return of the hospital several times in order to transfer some of the specialist departments from the Solec Hospital to it. It was estimated to take about three to four months to get there by the fall. – This time has been irretrievably lost. If we get this hospital back tomorrow, these preparations will last until December. If this does not happen, I am absolutely convinced that when the fourth wave of the pandemic comes, the South Hospital will be empty, as it has been throughout the third wave of the pandemic, the vice president said.
Kaznowska indicated that the company’s management board, which had previously been suspended, will appear in the Southern Hospital on Wednesday. – Pursuant to the court’s judgment, the company’s management board undertakes all its activities. The supervisory board and the shareholders’ meeting will also start functioning tomorrow, she said. She also stressed that all hospital employees should return to work from Wednesday. – Except for the government attorney, which is quitting tomorrow – she added.
– If your attorney decides otherwise and questions the judgment of the court, we will undoubtedly use our right to notify the prosecutor’s office of the suspected crime of seizure of property of great value. This is the threat of your plenipotentiary – announced the vice president.
A temporary hospital for COVID-19 patients has been operating at the Southern Hospital in Warsaw since February 15. The order to create it was issued by the Masovian Voivode, Konstanty Radziwiłł. At the end of March, at the request of the voivode, the Minister of Health, Adam Niedzielski, issued a decision to introduce a proxy to the company Szpital Solec, which manages the Southern Hospital. It was Dr. Ewa Więckowska, the former president of this company, which resigned from her position at the end of February, after more than seven years of president.
Main photo source: Artur Węgrzynowicz / tvnwarszawa.pl