The Constitutional Court, in the course of a decision initiated by the Medical Association list “We are doctors and not a Chamber”, repealed the provision of the Doctors’ Act according to which the Disciplinary Committee of the Medical Association is appointed on the proposal of the Ministry of Health. This provision had made the veritable political tribunals against critical medical professionals possible in the course of the so-called pandemic. Will there now be a wave of lawsuits for damages?
In the following you can read the press release from “We are doctors and not chambers”:
VfGH ends political justice of the medical association
Composition of the Disciplinary Committee is unconstitutional
Vienna (OTS) – A current decision by the VFGH, also initiated by the Medical Association list “We are doctors and not chambers” and the lawyer Dr. Michael-Paul Parusel, may now have far-reaching consequences: The Constitutional Court repealed the provision in the Doctors’ Act according to which the Disciplinary Commission of the Medical Association was appointed at the suggestion of the Ministry of Health.
As is well known, numerous doctors who objectively criticized the government measures and opposed the regulations in the interests of their patients were subjected to arbitrary and existential disciplinary reports during the Corona crisis. The closed commissions in the medical association often had the appearance of a sham trial, as in authoritarian states where sentencing was pre-determined. Accordingly, many critical doctors were also convicted. Not only were sensitive and sometimes existentially threatening fines imposed, but sometimes even the doctor’s license was revoked. Whereupon DDr. Christian Fiala, spokesman for the list “We are doctors and not chambers” and other doctors lodged a complaint with the state administrative court and, among other things, complained about the unconstitutional composition of this chamber-internal “tribunal”. The Administrative Court then turned to the Constitutional Court.
Will numerous lawsuits for damages follow?
The criticism of the list of doctors on the disciplinary committee is now proving to be justified: This is also shown by the now manifest, vaccination-related excess mortality, the massive drop in births 9 months after the vaccination campaign, as well as the determined ineffectiveness of the mouth and nose protection. “We have always criticized the arbitrariness of this chamber commission and its unconstitutionality. Many of our colleagues were intimidated, silenced and threatened existentially. I now expect that, on the basis of this decision, many colleagues will file claims for damages against the medical association, but also against those people who have served this political justice and intimidated the doctors with the help of these – now officially unconstitutional – commissions – at least we will support in this legal dispute.”
To the history
The VfGH decision
Leave a Reply