Emigration measures in developing countries are typically seen through a vague, public-interest lens, however, their constitutionality can occasionally be dubious. In an attempt to prevent young doctors from seeking employment in Western countries, the Albanian government is championing for a new law. This legislation would make it obligatory for medical students at Tirana’s University of Medicine Albania to work in hospitals nationwide before they could receive their degree. The duration of mandatory work varies, requiring medical students to serve from 2-5 years after completing their education, unless they agree to an unspecified but notably larger tuition fee, which is likely unaffordable for the average Albanian student.
The proposed bill has incited considerable public backlash from Albanian medical students, as well as professionals and supporters who label the legislation as “communist” or “populist”. Accusations have been leveled at the government for the alleged unjust infringement on medical students’ right to education, leading to a case against the bill now under review by the Constitutional Court. Implementation of the law now hangs in the balance pending the court’s decision. Prime Minister Edi Rama defended the initiative by arguing that people of Albania did not pay taxes to raise doctors who would leave the country immediately after graduating.
Protestors are also demanding for the resignation of Albana Tole, Deputy Education Minister, who controversially stated that students unwilling to pay the proposed new fees or work in the country after university should cease their studies.
While constitutionally speaking, the outlook for the protestors appears bleak. In the aftermath of the global COVID-19 crisis, public interest seems to hold almost an unwavering significance, especially in the context of health welfare. However, globally, such prerequisite conditions to earn a degree by spending several years in the workforce is somewhat unique.
Nevertheless, there is a noted exception. In 2012, the Indian Government implemented what is known as the Compulsory Rural Posting scheme. Under this policy, in order to earn their MBBA degree, medical students must serve a year in a rural posting after completing the 4.5 years of study. This policy was upheld by India’s Supreme Court in 2019, underscoring that the community’s need for quality medical care takes precedence over the individual interests of doctors.
PM Edi Rama’s argument surrounding the low tuition fees at the University of Medicine, which amounts to just 1/16 of the actual cost borne by the state, echoes the justification for the Indian policy. Thus, the general message being conveyed by the Albanian government is repay the favor to the Albanian citizenry who, through their taxes, have been instrumental in your education. This becomes particularly poignant when one considers the stress endured by the health sector throughout the pandemic.
Albania, where there are an average of approximately 1.93 doctors per 1000 inhabitants, lags behind both regional (2.6 doctors per 1000 inhabitants) and OECD (3.6 doctors per 1000 inhabitants) averages. This represents a significant problem especially for rural areas in Albania where access to adequate healthcare is a significant issue.
The prevailing opinion seems to be that the court will most likely uphold the constitutionality of the bill. Given the existence of precedents, the argument around proportionality will likely be dismissed when faced with the compelling case for public interest. Regulatory measures around emigration, especially targeting young professionals, have significant constitutional implications, and this development will be an important step in understanding such implications.
(Article from JURIST)