The Supreme Constitutional Court has set aside a ruling by the Administrative Court of Appeal and ordered the retrial of a disciplinary case involving a doctor, clarifying that the legality of an administrative decision must be assessed on the basis of the facts available at the time it was taken.
The ruling, dated June 29, was issued following an application by the Physicians Disciplinary Board against an earlier appeal judgment which had annulled the disciplinary conviction of an ophthalmologist. The appeal court had taken into account subsequent judicial developments that did not exist when the original disciplinary decision was made.
The case concerned penalties imposed on the doctor for conducting clinical research without the required approval of the Bioethics Committee and for the irregular advertising of medical services.
The Administrative Court had initially upheld the disciplinary conviction. However, the Administrative Court of Appeal later overturned it, relying on the fact that a separate civil action indirectly linked to the case had subsequently been reversed by the Supreme Court. The appeal court found that this later development affected the reliability of the disciplinary process, even though it occurred after the disciplinary decisions had been issued.
In its majority reasoning, the Supreme Constitutional Court stressed that the legality of an administrative act is judged solely on the basis of the material that was before the competent authority at the time it made its decision.
It said that a court cannot examine later developments of its own motion if they have not been expressly raised by the parties through the proper procedural route. Doing so, the court found, undermines the principles of fair trial and the predictability of justice.
The ruling also made clear that the Administrative Court of Appeal cannot extend its review beyond the specific grounds of appeal that have been filed.
Following the decision, the Supreme Constitutional Court fully set aside the appeal ruling and ordered the case to be reheard by the Administrative Court of Appeal under the same composition. The retrial will examine the outstanding issues in line with the correct legal principles.
Legal costs were awarded in favour of the Physicians Disciplinary Board. The decision was reached by majority, with Judge Tereza Karakanna issuing a dissenting opinion.
Source: CNA
