The provision of healthcare services U 1/16
Ref. No. U 1/16
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 10 May 2018
The Constitutional Tribunal, composed of:
Sławomira Wronkowska-Jaśkiewicz – Presiding Judge
Mariusz Muszyński
Michał Warciński – Judge Rapporteur,
having considered, at a sitting in camera on 10 May 2018 – in accordance with Article 92(1)(1) of the Act of 30 November 2016 on the Organisation of the Constitutional Tribunal and the Mode of Proceedings Before the Constitutional Tribunal (Journal of Laws – Dz. U. item 2072) – an application submitted to the Tribunal by the Management Board of the National Trade Union of Medical Practitioners to review the conformity of:
§ 13(5) of the Annex to the Regulation of 8 September 2015 by the Minister of Health with regard to the general terms of agreements on the provision of healthcare services (Journal of Laws – Dz. U. item 1400) to Article 92(1) of the Constitution of the Republic of Poland, and also to Article 137(2) of the Act of 27 August 2004 on Publicly Financed Healthcare Services (Journal of Laws – Dz. U. of 2015 item 581),
adjudicates as follows:
§ 13(5) of the Annex to the Regulation of 8 September 2015 by the Minister of Health with regard to the general terms of agreements on the provision of healthcare services (Journal of Laws – Dz. U. of 2016 item 1146 as well as of 2017 item 1809) is consistent with Article 137(2) of the Act of 27 August 2004 on Publicly Financed Healthcare Services (Journal of Laws – Dz. U. of 2017 items 1938, 2110, 2217 and 2434 as well as of 2018 items 107, 138, 650 and 697).
Moreover, the Tribunal decides:
pursuant to Article 59(1)(3) of the Act of 30 November 2016 on the Organisation of the Constitutional Tribunal and the Mode of Proceedings Before the Constitutional Tribunal (Journal of Laws – Dz. U., item 2072), to discontinue the proceedings as to the remainder.
The ruling was adopted by a majority vote.
Sławomira Wronkowska-Jaśkiewicz (dissenting opinion), Mariusz Muszyński (dissenting opinion with regard to the statement of reasons for the judgment, with reference to Judge Wronkowska-Jaśkiewicz’s dissenting opinion), Michał Warciński