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2022 | PL 3 (121)/2022 | 32-56

Article title

Regulacje dotyczące sposobu i kryteriów stwierdzenia śmierci mózgu w prawie polskim

Title variants

Regulations regarding the method and criteria for determining brain death in Polish law

Languages of publication



The subject of this article is to present the method adopted by the legislator to regulate issues related to the criteria and the method of determining permanent irreversible cessation of brain activity, referred to as „brain death”, in Polish law both on the basis of current and previous solutions. These issues are currently included in the announcement of the minister competent for health, issued pursuant to art. 43a paragraph 3 of the Medical Profession Act, which, in turn, raises doubts in the context of the closed catalogue of sources of universally binding law formulated in art. 87 paragraph 1 of the Polish Constitution, in which this „announcement” was not mentioned. This solution is analogous to the structure adopted in the previous legal state under art. 9 paragraph 3 of the Transplant Act from 2005, in the original version, which provision the Patient Ombudsman appealed to the Constitutional Tribunal. This article will also attempt to indicate how the criteria and methods of determining brain death should be regulated, taking into account art. 87 paragraph 1 of the Polish Constitution, as well as what degree of detail should be adopted in this respect.





Physical description


  • Rządowe Centrum Legislacji - Government Legislation Center


Document Type

Publication order reference


YADDA identifier

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