86441 - Health Law (Italian - Spanish Law Individual Study Plan)

Academic Year 2021/2022

  • Docente: Carlo Bottari
  • Credits: 7
  • SSD: IUS/10
  • Language: Italian
  • Teaching Mode: Traditional lectures
  • Campus: Bologna
  • Corso: Single cycle degree programme (LMCU) in Law (cod. 9232)

    Also valid for Single cycle degree programme (LMCU) in Law (cod. 9232)

Learning outcomes

The acquisition of the notions concerning the organization of the National Health Service, with specific reference to the institutional profiles of the Italian public health system, to the health sector actors and to the declination of the right to health protection.

Course contents

Programme / Content: The course aims to analyze and investigate the most significant aspects of the right to Health and the Health Service as a public service, given the constitutional rules and principles that underpin the complex legislative framework in national and regional and the evolution of doctrine and case law dictates that helped to enrich the framework of reference, accompanying the gradual transition from the traditional National Health Service for several new regional models.

Particular attention will be paid to the institutional division of powers system, the mechanism of proxies for the regionalization reform "Bindi", until the current distribution of legislative powers in health care after the constitutional reform, with particular attention to the programming function health, and the definition of roles and functions between the central and the region as the person who owns the service.

Will be dealt with organizational aspects of public health, the local health and hospital company, such as their structure, activity and legal form on the basis of national and regional legislation, will deepen, therefore, the activities of contract and the local health 'intervention by other public providers, such as hospitalization and health care institutions with scientific and Hospitals-universistarie.

The centrality of the health service will analyze, in a comparative perspective, the management models of public health, the essential levels of assistance, the procedures for identifying patterns of health services and forms of protection and guarantee user , which the Service Charter, also in the intervention of private parties in the delivery system of hospital and specialist services.

Appropriate treatment is also given to the employment relationship with the Public Health Service, the heterogeneity of the health professions, and to the whole issue of training and responsibility.

Readings/Bibliography

The basic text for preparing the general exam

C. BOTTARI, La tutela della salute: lavori in corso, Giappichelli, 2020.

Suggestions:

C. Bottari (ed.), La salute del futuro. Prospettive e nuove sfide del diritto sanitario, BUP, 2020.

 

ERASMUS

Students of the Erasmus program will be able to agree on the exam program by contacting the teacher, also indicating their teaching plan, with regard to the University of origin.

Teaching methods

The teaching will be articulated in frontal lessons and in other activities directed to spur the involvement of the students. In the lectures will be conducted the systematic dissertation of the topics covered by the course, according to the program above, and then will be devoted some time to the examination of the jurisprudence on specific issues.

Assessment methods

Classes will be held in the first half and, therefore, those who obtain the certificate of attendance will be able to take the exam from next January.

The exam consists in a test which will take place with an oral interview.

The oral test will focus on the issues relevant to those indicated in the "Course contents" section.

The evaluation of the test will be carried out taking into consideration:
- knowledge of institutional profiles;
- the ability to analyze the jurisprudential and doctrinal learnings;
- the ability to make connections between the different parts of the program;
- the ability to develop critical arguments;
- the articulation of the exhibition;
- the accuracy of the exposure.

The students’ knowledge is assessed through a discussion, to evaluate the actual achievement of the learning outcomes. The exam consists in an interview with the appointed commission on the topics included in the programme.

The assessment will take into account the knowledge of the relevant institutional framework, the ability to analyse doctrinal and jurisprudential opinions and, to single out connections between the relevant topics, to critical reasoning, as well as the clarity of presentation and critical thinking.

By way of example, the following criteria will be used to assess the final mark (that will be out of 30/30):

- sufficient or barely sufficient knowledge on the programme, limited reasoning ability, some difficulties in using technical and legal language → 18-21/30;

- fairly good knowledge of the programme, adequate critical reasoning ability, sound use of technical and legal language → 22-25/30;

- comprehensive knowledge of the programme, notable reasoning ability, good command of technical and legal language → 26-29/30;

- extensive knowledge of the programme, very good reasoning ability, and ability to fully master technical-legal language → 30-30L/30.


Thesis

The assignment of the thesis is based upon the enrollment and follow-up interview with the teacher.

In particular, for the assignment of the thesis is required to enroll in a special list, held by the assistant Dott.Federico Laus (federico.laus@unibo.it) .

To subscribe to the list must remain to pass no more than 3 exams.

The assignment of students entered in this thesis list is held collectively four times a year (usually in October, February / March, May and July).

On this occasion, will be offered a number of titles, but you can indicate your preference on the subject of the thesis project, subject to the final choice of the teacher.

The assignment of the thesis usually takes place according to chronological order , in compliance with the maximum expected from the chair , also noting the maturation of course attendance and confident expression of interest in the subject. Therefore, we recommend an advance in the application for registration .

Copy of the thesis must be handed to the teacher at least one month before the online upload deadline.

Teaching tools

During the course of seminars and exercises will take place and dates will be communicated by the professor or by posting on the specific boards and faculty in classrooms and reception.

Students who, due to disability-related reasons or specific learning disabilities (DSA) need compensatory tools, will be able to inform the teacher of their needs, so as to be directed to the contacts and agree on the adoption of the most appropriate measures.

Office hours

See the website of Carlo Bottari