Administracyjnoprawne ograniczenia autonomii pacjenta – uwagi wokół przymusu leczenia

Abstract

Public administration operates under a wide variety of legal forms and regulates a broad range of the citizenries day-to-day activities. Amongst the many subjects of state interest, vital for the self-determination of individuals, is that of disease surveillance which is conducted by specialized organs of state – the so-called ‘administrative police’. Under the competences of epidemic intelligence, public authorities may intervene in the scope of patient autonomy, for example by imposing compulsory vaccination. However, the standards of procedure involved are questionable insofar that they represent little more than an adjudicative, ‘court-room’ style, adversarial process of decision-making. This seems to lessen the right to fair administrative justice and as such may be recognized as being unconstitutional. This is to say that administra-tive proceedings are not coherent with the essence of patient autonomy doctrine (concept). In this study the authors address several issues connected both with the legal framework of pro-ceedings before the ‘administrative police’ and judicial review of public authorities’ actions which are affecting the individual’s right to self-determination.