Agenţia Naţională de Transplant. Reglementare confuză. Refuz nejustificat de avizare a restituirii sau a transferului materialului genetic. Respectarea drepturilor fundamentale ale omului

Abstract

National Transplant Agency. Confusing regulation. Unjustified refusal for the approval of rendering or transfer of genetic material. Observance of fundamental human rights

If there is no adequate domestic legislation clarifying the circumstances, within the state (represented by the authorities) – individual direct relationship, the state must observe the fundamental human rights (in this case, the right to privacy and right to life).

Authority’s refusal to settle the plaintiff’s request for approval of genetic material transfer to a specialized clinic which could receive the genetic material and see the embryotransfer through, is unjustified, because the authority has committed an additional competence on the necessity of this opinion and has exercised the right of assessment by violating the...