Health Ministry's waste treatment decision upheld by the Constitutional Court after dismissing the related appeal.
Private healthcare facilities have hit a wall in their battle against Ministerial Decision No. 196 of 2022, a ruling demanding they shoulder the cost of treating medical waste. The Constitutional Court, presided over by Counselor Adel El-Bahou, has dismissed the appeal put forward by the Federation of Private Medical Professionals, choosing to acknowledge the decision as a mere service charge rather than a levy.
The court's decision rests on the stance that this ministerial decree doesn't qualify as a legal "fee", since it isn't a fixed amount enforced uniformly across all healthcare facilities. Instead, the associated cost is calculated on an economic basis, factoring in factors such as waste type and quantity. Essentially, the expense equates to the actual cost incurred by the waste treatment plant contractor hired by the Ministry of Health.
Unsurprisingly, expenses tied to requested services and devoid of arbitrary, uniform imposition don't violate Article 134 of the Constitution. Without sufficient legal grounds, the lawsuit was consequently dismissed.
While the devil is often in the details, the specifics of Ministerial Decision No. 196 remain shrouded in mystery. A general analysis, however, reveals that such policies usually factor in aspects such as cost allocation, healthcare quality and safety, economic efficiency, and regulatory compliance.
Constitutional compliance is another essential consideration. To abide by provisions like Article 134, a policy like Decision No. 196 ideally ought to steer clear of arbitrary discrimination, ensure fair compensation for imposed costs, and promote the public good. Upholding public health and the environment are typical objectives that justify such cost burdens.
Despite the absence of concrete information, it's reasonable to assume that Decision No. 196 has been designed to strike a balance between public health concerns and economic realities, ensnared within the broader protective net of constitutional safeguards.
- The Constitutional Court, acknowledging the medical waste treatment cost as a service charge rather than a levy, dismissed the appeal by the Federation of Private Medical Professionals regarding Ministerial Decision No. 196 of 2022.
- The costs associated with treating medical waste, according to the court decision, are not arbitrary and are calculated based on factors such as waste type and quantity, aligning with the actual cost incurred by the waste treatment plant contractor hired by the Ministry of Health.
- The lawsuit was dismissed due to the lack of sufficient legal grounds, yet the specific details of Ministerial Decision No. 196 remain unclear.
- To align with constitutional provisions like Article 134, a policy like Decision No. 196 should ideally avoid arbitrary discrimination, ensure fair compensation for imposed costs, and address public health and environmental concerns, ultimately promoting the public good.
