REGARDING THE POWER OF THE MINISTER OF HEALTH TO REVOKE THE PERMIT TO CARRY OUT MEDICAL ACTIVITIES Cover Image

ОТНОСНО ПРАВОМОЩИЕТО НА МИНИСТЪРА НА ЗДРАВЕОПAЗВАНЕТО ДА ОТНЕМЕ РАЗРЕШЕНИЕТО ЗА ОСЪЩЕСТВЯВАНЕ НА ЛЕЧЕБНА ДЕЙНОСТ
REGARDING THE POWER OF THE MINISTER OF HEALTH TO REVOKE THE PERMIT TO CARRY OUT MEDICAL ACTIVITIES

Author(s): Radoslav Ivanov
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Court case, Administrative Law
Published by: Висш адвокатски съвет
Keywords: Minister of Health; medical facilities; hospital care; state regulation; licensing and registration regime; operational autonomy; constrained competence

Summary/Abstract: The present article aims to analyze the practical challenges faced by the Minister of Health in exercising his authority under Art. 51 of the Medical-Treatment Facilities Act to revoke the issued permit for the implementation of medical activity. The permit and registration regime established in the current Bulgarian legislation for the implementation of activities by medical institutions, respectively for hospital and outpatient activities, is examined. The conclusion is substantiated that the state regulation of economic activity when carrying out activities by medical institutions for hospital care, introduced in the Medical-Treatment Facilities Act, does not fully comply with the general rules set out in the Act Restricting Administrative Regulation and Administrative Control over Economic Activity and with the spirit of the law. The options available to the Minister of Health when applying the compulsory administrative measure of revoking an issued permit to carry out medical activities are examined, and the conclusion is supported that the competent authority acts under conditions of bound competence.

  • Issue Year: 2025
  • Issue No: 5
  • Page Range: 129-140
  • Page Count: 11
  • Language: Bulgarian
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