http://hdl.handle.net/11320/18360 2026-06-01T15:15:39Z 2026-06-01T15:15:39Z Wnukiewicz-Kozłowska, Agata Drozdowska, Urszula http://hdl.handle.net/11320/18426 2025-08-07T10:12:33Z 2025-01-01T00:00:00Z

Tytuł: The Definitive Primacy of Patient Autonomy over the Right to Life? Commentary on the Judgment of the European Court of Human Rights of 4 September 2022 on the Case of Mortier v. Belgium (appl. no. 78017/17) Autorzy: Wnukiewicz-Kozłowska, Agata; Drozdowska, Urszula Abstrakt: This Commentary is an in-depth critical study of the European Court of Human Rights ruling in Mortier v. Belgium. The authors present the facts and the tribunal’s decision against the background of the ECtHR’s previous case law on terminally ill patients. Unlike Polish law, euthanasia and assisted suicide are permissible under Belgian law; thus, for the first time in its existence, the tribunal addressed not so much the permissibility of euthanasia as it examined the circumstances of its use. In this regard, it was critical for the authors to look at the ECtHR reasoning on the interplay between Articles 2 and 8 of the European Convention on Human Rights in order to answer the question of whether there has been an evolution or a revolution in the interpretation of the two laws. In the case of the rights of terminally ill patients, the issue is the right to make end-of-life decisions in accordance with the patient’s wishes, and whether the paradigm of patient autonomy has become the highest value in the doctor–patient relationship; this hich could also be indicated by recent changes to the International Code of Medical Ethics and the international text of the Hippocratic Oath (the Declaration of Geneva). In this context, it also becomes valuable to analyse the changes made to the Polish Code of Medical Ethics, which came into effect on 1 January 2025.

2025-01-01T00:00:00Z Srogosz, Tomasz http://hdl.handle.net/11320/18424 2025-08-07T09:01:22Z 2025-01-01T00:00:00Z

Tytuł: Prawne aspekty żywności funkcjonalnej w kontekście rozwoju rynku spożywczego w Polsce Autorzy: Srogosz, Tomasz Abstrakt: Scientific research on functional foods has been conducted in Poland only by scientists specializing in food and nutrition, economics, biology and medicine. Therefore there is a real market demand for research on the legal aspects of functional foods. The aim of this article is to critically analyse current legal regulations that may apply to functional foods; the author assumes that they do not support the development of the market in functional foods, including consumer awareness of the health properties of food products. For this purpose, the paper presents the history of functional foods, its non-legal definitions and types. It is also necessary to define a catalogue of legal acts and soft law documents that may apply to functional foods, and to locate this type of food in the terminology of legal language. The author concludes that the lack of a concept of functional foods in legislation and overly complicated and strict regulations in the field of nutritional and health claims are not conducive to the development of the market in functional foods.

2025-01-01T00:00:00Z Fusco, Roberto http://hdl.handle.net/11320/18420 2025-08-07T07:27:27Z 2025-01-01T00:00:00Z

Tytuł: The Participation of Private Clinics in the Italian National Health System Autorzy: Fusco, Roberto Abstrakt: In the Italian healthcare system, private facilities can supplement public ones in delivering services within the framework of the Italian National Health System, provided they meet specifi c conditions and obtain the necessary authorisations. This set of requirements is known as the ‘four As’ system, comprising authorisation for the construction of the facility, authorisation to provide healthcare services, accreditation, and contractual agreements. A crucial element in this regulatory framework is the system of tariffs for the remuneration of healthcare services, which are periodically established by the Ministry of Health through a complex procedure. This model of ‘administered competition’ aims to protect both citizens’ health and fair competition among healthcare providers. Proper integration of private facilities into the National Health System is intended to enhance the efficiency of service delivery. The purpose of this paper is to examine the current regulatory framework governing the participation of private clinics in the Italian National Health System and to identify any critical issues.

2025-01-01T00:00:00Z Mełgieś, Katarzyna Miaskowska-Daszkiewicz, Katarzyna Sjeničić, Marta http://hdl.handle.net/11320/18419 2025-08-07T07:05:25Z 2025-01-01T00:00:00Z

Tytuł: On the Need to Change the Model of Supervision over Substances of Human Origin from the Perspective of Regulation (EU) 2024/1938: Polish and Serbian Examples Autorzy: Mełgieś, Katarzyna; Miaskowska-Daszkiewicz, Katarzyna; Sjeničić, Marta Abstrakt: Regulation (EU) 2024/1938 of the European Parliament and of the Council of 13 June 2024 on Standards of Quality and Safety for Substances of Human Origin Intended for Human Application and Repealing Directives 2002/98/EC and 2004/23/EC provides a new legal framework, after almost 20 years, in which issues concerning the quality and safety of substances of human origin (SoHOs) as well as the safety of SoHO donors will be settled. One of these is the way the institutions supervising the implementation of the provisions of the Regulation are shaped. New requirements addressed to the SoHO competent authority must be met by August 2027. Hence the particular challenge facing EU Member States is adapting their own organizational solutions regarding the transplant system in a way that meets the requirements of the Regulation. Using the examples of legal and organizational solutions adopted in Poland and Serbia, the authors try to assess their performance from the perspective of the expectations of the EU legislation.

2025-01-01T00:00:00Z