PROBLEM ZGODNOŚCI KODEKSU ETYKI LEKARSKIEJ Z KONSTYTUCJĄ RP
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Date
2009
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Wydział Prawa i Administracji UAM
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CODE OF MEDICAL ETHICS AND ITS COMPATIBILITY WITH THE CONSTITUTION OF THE REPUBLIC OF POLAND
Abstract
The question whether the Code of Medical Ethics is an element of the binding legal system of the
Republic of Poland has been the bone of contention in the doctrine and jurisdiction. Two different
views have emerged in the course of the discussion on the essence of the medical ethics code - one
claiming that the code, as a normative act, belongs to the established legal system, and the other,
proposing that it should be seen as nothing more than a set of rules on ethics which are of no legal
character and therefore do not constitute an integral part of the legal system.
Recently the Constitutional Court has once again taken a stance with regards the nature
of the medical ethic code and its relation to the Constitution and ruled that its status falls
outside the scope of the Constitution. However, this decision must be seen as an apparent
solution of the question of the constitutionality of the code. The Code of Medical Ethics is
still used and functions as a typical legal norm, although Poland’s Constitution does not provide
for a normative act to function outside the legal order it has sanctioned. Consequently, where
the Code of Medical Ethics may create direct legal consequences, particularly in the professional
liability sphere, this should lead to the pronunciation of the unconstitutionality of the code
as being a normative act not provided for in the constitutional legal order.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 71, 2009, z. 1, s. 53-69
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0035-9629