Bucharest, romania – The Superior Council of Magistracy (CSM) issued a statement Thursday evening asserting that the Romanian state bears ultimate duty for ensuring patient access to vital oncological drugs and treatments. The statement came in response to a case before the Bucharest Court of Appeal concerning a presidential ordinance related to medical treatment access.
According to the CSM, the state has a “positive obligation” to protect citizens’ right to life, including through financial measures to cover necessary medical expenses, even those involving “very high costs.” Representatives of the Section for Judges argued that courts are being inappropriately tasked wiht resolving cases where the state should be directly providing treatment.
“Judges, by their duties, cannot replace the state obligation to guarantee the access of patients to vital treatments,” the CSM document states.”The protection of the life and health of the patients should not be transformed into a legal dispute…which are actually the last solution to which citizens in such serious situations can call.”
The CSM emphasized the need for “coherent, predictable public policies and a settlement mechanism” to prevent patient hardship and uphold their right to life and health.
The statement followed a decision by the Bucharest Court of Appeal on Thursday to suspend a case filed by a cancer patient seeking treatment via presidential ordinance, as reported by Digi24.ro.While magistrates generally indicated they would prioritize urgent cases, including those concerning medical treatments, the suspension highlights the strain placed on the judicial system when state-provided healthcare access is challenged.