Neconstituţionalitatea răspunderii disciplinare şi nelegalitatea procedurii disciplinare a medicului

dr. IONUŢ VIDA-SIMITI*

* e-mail: ionutjus@yahoo.com

Lector univ. - Facultatea de Medicină, Universitatea de Medicină şi Farmacie “Iuliu Haţieganu” din Cluj-Napoca

Avocat - Baroul Cluj

ABSTRACT

In the present study, the author wishes to emphasize some unconstitutionality issues with regard to the investigation of the disciplinary misconduct of physicians. The disciplinary liability of the physician is regulated by Articles 450-459 of the Law No 95/2006. Of these, the Constitutional Court has confirmed the constitutionality of the provisions of Article 459of the Law No 95/2006 from the perspective of the petitioner who reports the alleged disciplinary misconduct to the College of Physicians from Romania. However the Court was not vested and did not analyze the constitutionality of the disciplinary procedure from the perspective of respecting the attributions of the College of Physicians from...