Sağlık Kurulu Kararlarının Hukuki Rejimi

Abstract

Health committees are entities established through the collaboration of physicians from various disciplines, operating within both public and private healthcare organisations, as well as under the umbrella of various public institutions. These committees have the authority to make decisions regarding the health status of individuals in situations where health committee reports are mandated by legislation or in situations exceeding the jurisdiction of a single physician. Health committee decisions involve documenting the individual's health condition in the form of a report, typically by determining the degree of impairment. These decisions serve as administrative procedural stages that provide the basis for subsequent decisions and must be followed to make such decisions. Health committee decisions are utilized across a wide spectrum of areas, ranging from penal execution procedures to entry into public services. The starting point of this study is the realization that the expanding scope of decisions of health committees, necessitates a thorough examination of the legal regime of health committee decisions. This study is divided into two sections, structured around the examination of health committee decisions within the framework of administrative act theory. In the first section, an attempt will be made to address the question of whether health committee decisions possess administrative act characteristics by evaluating the features of these decisions, as well as the procedures for their establisment and implementation, within the scope of administrative act theory. In the second section, the executory nature of health committee decisions, their susceptibility to annulment proceedings, and the administrative recourses available for challenging such decisions will be examined.