O problemă de neconstituționalitate în privința răspunderii disciplinare a asistentului medical
A question of non-constitutionality regarding the disciplinary liability of medical nurses

Summary/Abstract: The disciplinary liability of nurses is established by Articles 62-667 of Government Emergency Ordinance No. 144/2008 and, at the tertiary level of regulation, detailed in Articles 62-667 of the Statute of the Order of General Nurses, Midwives, and Medical Assistants in Romania. The first issue of constitutionality is raised by the very adoption of GEO No. 144/2008, on the one hand as a measure implementing the Treaty establishing the European Community (replaced on January 1, 2009, by the Treaty on the Functioning of the European Union), and, on the other hand, to legislate in the field of administrative litigation (the special jurisdiction of the court of judicial review of the procedure for establishing the administrative liability of the assistant). Consequently, GEO No. 144/2008 should have been submitted to the Chamber of Deputies, pursuant to Article 115(5) of the Constitution, which, pursuant to Article 75(1) of the Constitution, is the first chamber to be notified of laws relating to legislative measures for the implementation of treaties and, respectively, to the regulation of administrative litigation provided for in Article 73(3)(k) of the Constitution, with the Senate being the chamber that makes the final decision. However, in clear violation of Article 115(5) of the Constitution, the draft law adopting GEO No. 144/2008 was submitted to the Senate and, after its adoption on March 9, 2009, by the chamber with the final decision, it was sent, contrary to the provisions of Article 75(1) of the Constitution, to the Chamber of Deputies. The second issue analyzed in this study was the violation of Article 34(3) of the Constitution by failing to regulate by law certain essential aspects of the evaluation of the activity of the medical assistant, namely the criteria according to which his or her activity is or is not a disciplinary offense, but defining these offenses only at the third level of regulation, by the Statute of the Order of General Medical Assistants, Midwives, and Medical Assistants in Romania, a norm with lower legal force. A final constitutionality issue addressed in this analysis is that of limiting the court's control only to sanctions of suspension and withdrawal of membership of the Order of General Medical Assistants, Midwives and Medical Assistants in Romania, whereby medical assistants sanctioned with a reprimand or warning are placed in a position of inferiority and prevented from accessing the courts, in violation of Articles 16(1) and 21 of the Romanian Constitution.

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