Competences of the minister in charge of health related to the organisation of the provision of health services assisting procreation

Abstract

The purpose of the publication is to answer the question whether, on the basis of the Act on Infertility Treatment, the minister in charge of health, as the central authority of government administration with the most extensive competences in the field of health, mainly realises, as assumed in the literature, normative competences, or whether he also undertakes other types of activities within the scope of the tasks set out by this Act. Its realisation, therefore, required an analysis of the competences of the minister in charge of health related to the organisation of the provision of health services in the field of medically assisted procreation, as defined by the aforementioned Act. This analysis was carried out using the dogmatic-legal method supported by scientific views. The analysis made it possible to establish, that this minister exercises two basic groups of competences: normative and competences to apply the law, which include the competences to: control, supervision, issue administrative decisions, as well as the competences to perform factual actions, including material-technical ones, and social organizational actions. Thus, a conclusion can be drawn that it has been equipped with a whole range of forms of activity that allow the realisation of the values assumed by the legislator, among which the type of activity such as issuing normative acts taking the form of universally binding regulations plays an important role.