Korytowska, Anna2013-03-062013-03-062009Ruch Prawniczy, Ekonomiczny i Socjologiczny 71, 2009, z. 1, s. 53-690035-9629http://hdl.handle.net/10593/4939The 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.plArtykuł