Administrative Limitations of Patient’s Autonomy – Remarks on Involuntary Treatment

Abstract

Public administration operates under a wide variety of legal forms as well as regulates a broad scope of citizens’ day-to-day activities. Disease surveillance conducted by specialized organs called ‘administrative police’ is one of many subjects of state interest that is also vital for individuals’ selfdetermination. Under the competences of epidemic intelligence, public authorities may also interfere within the scope of patients’ autonomy, e.g. compulsory vaccination. However, the given procedural standard is not sufficient, i.e. procedural guaranties which are optimal for mere adjudicative, ‘courtroom’, adversarial process of decision-making seems to lessen the right to fair administrative trial and as such may be recognized as unconstitutional one. This is to say administrative proceedings are not coherent with the essence of patient’s autonomy doctrine (concept). In this study authors address several issues connected both with the legal framework of proceedings before ‘administrative police’ and judicial review of public authorities’ actions which aff ect the individual’s right of self-determination.