The Medical Syndicate addresses the government with details of the illegality of demanding private clinic owners to reconcile
The General Syndicate of Physicians addressed the Professor of Public Law at the Faculty of Law and the former President of Cairo University, Dr. Jaber Nassar, to prepare a legal memorandum regarding the extent to which medical clinics are subject to licenses in accordance with the building law, after the local government agencies in the governorates began to demand that doctors need to reconcile and obtain a license to convert these clinics from residential to administrative. This came based on the emergency meeting of the Council of the General Syndicate of Physicians, headed by General Captain Dr. Osama Abdel-Hay, with the unions’ sub-councils, last Friday.
The legal memorandum received by the Doctors Syndicate was in agreement with the union’s legal position and opinion since the beginning of the crisis, as it confirmed that the clinics Medical facilities and other medical facilities are not subject at all to the Building Law No. 119 of 2008 nor to the reconciliation thereof, and medical clinics, private hospitals and the like are subject to the Medical Professions Law, which is the matter upon which their legal positions were established even before the issuance of the Medical Professions Law in 1981.
She explained that the governors’ decisions in this regard violate the law and the constitution, and constitute a usurpation of power and an assault on private property and sound legal conditions that have been established for decades.
The head of the Medical Syndicate, Dr., confirmed. Osama Abdel Hay, that the union sent a letter to the Prime Minister, Dr. Mustafa Madbouly, Speaker of the House of Representatives Counselor Dr. Hanafi Jabali, and Deputy Prime Minister for Human Development and Minister of Health and Population Dr. Khaled Abdel Ghaffar, and the Minister of Local Development, Dr. Manal Awad, which includes the legal memorandum and the union’s emphasis on the necessity of not asking doctors who own private clinics to reconcile their clinic and convert it from residential to administrative.
Dr. stressed. Osama Abdel Hay, said that the Syndicate is continuing its efforts to resolve this crisis, in a way that ensures the preservation of doctors’ rights.
With reference to the legal memorandum that the Doctors Syndicate received, it stressed that medical clinics are private property that enjoy constitutional protection from Where it is necessary to preserve it and not burden it with restrictions that hinder its use, this was confirmed by the Supreme Constitutional Court, as it stated in its ruling dated 5/8/2005 in Constitutional Case No. 51 of 24 AD that, since the Constitution is an elevation on its part of the role of the monarchy and an affirmation of its contribution to maintaining security Social security guaranteed its protection for every individual, and it was not permissible to infringe on it except as an exception and within the limits required by its regulation. For this reason, the Constitution prohibited the imposition of restrictions on private property that contradicted its social function or would disrupt the use of it, thereby depriving it of its reason for existence and reducing the protection assigned to it to what It empties it of its content, because preserving private property and hindering it do not go together.
And since the ruling of this court has been that the Constitution’s preservation of private property means that the legislator may not strip it of its necessities, nor separate some of its parts, nor It detracts from its origin or changes its nature without what is required by its social function. Ensuring this function assumes that the restrictions imposed on it by the legislator do not exhaust the essence of its components. Preserving property and hindering it do not go together. Demolishing it or undermining its foundations through restrictions that undermine it will destroy it. Contrary to the right to it.
Accordingly, medical clinics are private property owned by their owner and may not be burdened with restrictions that prevent the use of it. This certainly includes imposing exorbitant fees on each meter under the pretext of converting the facility into a professional activity, which is something that It does not rely on a reliable legal text, but rather it clearly violates the texts of Law No. 51 of 1981 regarding licensing medical facilities. It is known and proven in the science of law and legislation that when legal texts compete, the specific restricts the general, and therefore the rules and texts contained in the Professional Practice Law The medical law is special texts that prevent the application of any other texts related to the general law, which is the construction law, even while recognizing that these texts are crowded, which is not the case in this case.
The legal memorandum indicated that what is clear from the articles issuing Law 119 of 2008 With the issuance of the Construction Law, the scope of its application is building permits, and therefore its provisions do not extend to regulating professional licenses, that is, those related to practicing the profession. These licenses are assigned to other parties and are regulated by other laws, such as Law No. 51 of 1981 regarding the organization of medical facilities, and Law No. 154 of 2019 regarding shops. General, Law No. 453 of 1954 regarding referrals related to comfort, harm to health and danger, and licenses for hotel establishments in accordance with Law No. 1 of 1973.
She continued: Accordingly, it becomes clear that medical clinics are not subject to the building law in any way whatsoever; Individual medical clinics or hospitals are legally regulated by licensing them, and how to manage and operate them in the manner regulated by their law. The meaning of this is the name of the law itself. Here it is called Building Law No. 119 of the year (2008) and there it is called the Medical Facilities Regulation Law No. 51 of 1981.
It also confirmed that there is no connection between medical clinics and hospitals and Law No. 119 of 2008, as the texts of the law in issuance and regulation do not mention the term medical facility, whether individual or collective, and accordingly, the claim of the local administration bodies to apply this law to medical clinics is incorrect. It is true that it violates the law.
