INTRODUCTION The intensive spread of the coronavirus is inevitably linked to even more intensive processing of personal data. In the context of a pandemic and a state of emergency, many…
“Georgiev, Todorov & Co.” Law Offices filed an appeal against an order of the Minister of health, which revoked the authorization to carry out medical activity of Multi-profile Hospital for Active Treatment “Europe”, represented by Prof. Dr. Ventsislav Tsvetkov, a leading specialist in the field of “Otolaryngology” and a head of the ENT Clinic at the Military Medical Academy.
The decision from the court proceedings before the Supreme Administrative Court was rendered on 10.02.2020 and cancelled the order as unlawful.The first instance court decided that it was not in any way proven that the medical activity was performed on behalf of and at the expense of the hospital outside the scope of the issued permit. In addition, the cassation instance, found a breach of the principles of legality and proportionality, which are envisaged in Articles. 4, para. 2 and art. 6 APC, when issuing the order. According to the court, termination of the activity would be disproportionate to the purpose by which the law empowers the Мinister to order a revocation of a permit for medical activity.
Positive law provides the administration with sufficient means to influence the activities of healthcare facilities with a view to aligning them with what is due, before reasonably proceeding with the most aggravating legal measure. The principle of proportionality is fundamental in Bulgarian administrative law and has also been put into practice by the Court of Justice (Council v. Hautala, Hauer v. Land Rheinland-Pflanz, Case C-27/00, etc).
Representation of the hospital in court was provided by our lawyer Mariya Derelieva.