The importance of selected units of the public finances sector in the Polish legal order in the context of the right to protection of health - analysis of selected issues

Abstract

The right to health care is one of the fundamental human rights and due to its nature is vested in every man. This subject matter is especially important in the Republic of Poland as it is touches an important sphere of public units’ activity. Public funds and units of the public finances sector are both involved in the implementation of the right to health care. A health care activity may take different forms, not limited solely to the area of public life. Nevertheless, public entities play a leading role in this regards: independent public healthcare establishments and public sector units are the most important entities that operate a health care activity in Poland. This is why it needs to be recognized that the right to health care and the protection of public finances are closely interrelated. As a consequence, finances spent on health care must be allocated in an ear-marked and economical fashion as it has an impact on the stability of public finances. Relevant regulations correlate with social interest so understood and with constitutional values. This study employs mostly the method of investigation of the law in force and an analytical research method. The analysis covered legislative acts and judicial decisions. The authors also review relevant opinions of legal scholars and commentators with a particular focus on the commentary from Polish financial law writers. The aim of the conducted research is to identify the constitutional foundations of healthcare system funding in Poland. In pursuing this goal, the authors also verify financial and systemic solutions related to the constitutional right to healthcare.

Keywords

• units of the public finances sector
• healthcare
• independent public healthcare establishments
• public finances unit