Mujović, Hajrija (2021) The recent practice of the Constitutional court of Serbia concerning organ transplantation (Sirbistan anayasa mahkemesinin organ nakli konusunda son uygulamasi). In: V. Uluslararası Tıp Hukuku Kongresi / V. International Medical Law Congress. Dagitim San. ve TİC. LTD. ŞTİ, Ankara, pp. 103-113. ISBN 978-625-8038-72-9
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The article deals with the problem of applying the Act on Human Organ transplantation of the Republic of Serbia. This Act regulates, among other issues, the organ donation in case of death, primarily from the angle of medical law and other provisions of health legislation. The system of presumed consent (opt out) concerning the donation has been applied in Serbia since the time of the former state of Yugoslavia. The Law from 2018. adopted broader provision of post mortem donation. In May 2021. that provision has been declared as unconstitutional and repealed by the RS Constitutional Court. Only the operative part of the Court’s decision was published, so it can not be concluded with what reasons the Court was guided by. It is relevant that the system of presumed consent, as such, cannot be contrary to the Constitution, because it presents a legitimately adopted solution that exists in other countries with the same law guarantees and good results. The Court probably found certain shortcomings in the assessment of the text of disputed provision (Article 23), which seems unregulated, gives more authorities to ethics committees and health institutions to decide on transplantation, and lead to legal uncertainty. The decision of the Court enters into force on the day of its publication, which was postponed by the same decision for six months. This fact looks also confused and makes some dilemmas and non-understanding the seriousness of legal intervention in this, an extremely sensitive area of medical practice such as organs transplantation.
| Item Type: | Book Section |
|---|---|
| Uncontrolled Keywords: | : transplantation, Constitution of RS, patients’ rights, presumed consent, Case of Serbia |
| Institutional centre: | Centre for legal research |
| Depositing User: | D. Arsenijević |
| Date Deposited: | 31 May 2023 07:59 |
| Last Modified: | 31 May 2023 07:59 |
| URI: | http://iriss.idn.org.rs/id/eprint/1327 |
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