An approving gloss to the thesis of the judgement of the Supreme Court of 21st April 2016, ref. III ZS 1/16 regarding legal subjectivity of the Supreme Council of the Chamber of Nurses and Midwives

Abstract

On 21 April 2016, The Supreme Court indicated in its judgment that the Supreme Council of the Chamber of Nurses and Midwives has legal subjectivity, which entails that it has both legal personality and judicial capacity. This is also not prevented by its legal status, i.e. being a body of the Supreme Chamber of Nurses and Midwives. It derives its qualities from the role it actually performs, i.e. representing the professional association of nurses and midwives outside. Of course, it follows from both the Act and the literature that the professional association of nurses and midwives has legal personality. However, it follows from the thesis in the judgment that the Supreme Court took into account the fact that without the Supreme Council, the proper performance of tasks by the professional association of nurses and midwives would be in practice impossible in the current legal state (which is justified by the provisions of the Act on the association of nurses and midwives). The author fully endorses this position, which he justifies with the argumentation below.