GLOSS TO THE JUDGEMENT OF SUPREME ADMINISTRATIVE COURT OF DECEMBER 17, 2019. – ENTRUSTING THE DUTIES OF HEAD OF THE MEDICAL ENTITY

The primary procedure for filling the post of manager of a non-entrepreneurial medical entity (as well as for other posts referred to in Article 49(1) of the Law on Medicinal Activities) is to select a candidate by means of a competition. However, there may be cases where it is necessary to fill the post of manager, but there is no possibility of a competition procedure. In such situations, it should be possible to entrust duties in this post, but only for the time necessary to conduct the competition. In so doing, it cannot be considered that the delegation of duties constitutes one of the means of filling the post of manager of a medical entity, which is only a temporary solution enabling the medical entity to function until that post has been filled by means of a competition. In view of the legal personality of an independent public health establishment and the principle of legality in the operation of local government units in the exercise of its powers, it is appropriate to limit the powers of that body as a medical entity only to the situations expressly referred to in the provisions of the Law. However, the provisions of the Law on local government employees do not apply either to the manager of the medical entity or to its other employees.