91983 - Sport and Health Protection

Learning outcomes

The course aims to analyse and explore the most significant aspects of the right to health enshrined in Article 32 of the Constitution, the organisation, actors and financing of the National Health Service as a public service, also in relation to sports and sporting events. The course programme will be structured around the constitutional rules and principles on which the complex national and regional legislative framework is based, as well as the doctrinal developments and jurisprudential dictates that have contributed to the formation and development of the regulatory framework, accompanying the gradual transition from the traditional National Health Service to the various regional models.

Course contents

- Introduction: health and healthcare in the “risk society”;

- Health and its protection in the constitutional framework: the right to health as a fundamental right of the individual, as a social right and as a collective interest (Art. 32 of the Constitution);

- Voluntary and compulsory health checks and treatments, and the powers of the public administration;

- The right to health and economic freedom: the constitutional framework and the problem of balancing opposing “values”;

- Public healthcare between the State and the Regions, between state competence and the progressive affirmation of regional models;

- The health service: the organisational models of the national health service in light of regulatory developments;

- The network of institutional entities of the health service located at regional and local level;

- Local health authorities and hospital trusts: nature and functions. Other entities of the national health service;

- Medical and non-medical health personnel;

- The evolution of the financing of health functions;

- Essential levels of care;

- Public and private healthcare: general profiles;

- Introduction to sports law;

- The sports system: regulatory sources;

- The sports system: organisational profiles;

- Sports associations;

- Entities in the sports system;

- Doping in sport;

- Sustainable lifestyles and sporting activities;

- Contracts in sport: general profiles;

Readings/Bibliography

A. Pioggia, Diritto sanitario e dei servizi sociali, Torino, Giappichelli, 2024.

The following supplementary reading is also recommended:

AA.VV., Diritto dello sport, a cura di A. Gandino, M. Mattalia, Padova, Cedam, 2024.

Teaching methods

Teaching will consist of lectures and related activities designed to encourage student participation.

The course is part of the University's experimental teaching project.

The lectures will provide a systematic overview of the topics covered by the course, according to the programme above, followed by an examination of the case law on the individual topics addressed.

Erasmus students can agree on the examination programme by contacting the lecturer, indicating their teaching plan with regard to their home university.

Assessment methods

The final examination consists of an oral test.

The test will focus on topics related to those indicated in the ‘Programme and contents’ section.

The test will be assessed taking into account:
- knowledge of institutional profiles;

- the ability to analyse jurisprudential and doctrinal guidelines;

- the ability to make connections between the different parts of the programme;

- the ability to develop critical arguments;

- the articulation of the presentation;

- the accuracy of the presentation.

The assessment of the expected knowledge takes place during the examination, which aims to evaluate the achievement of the expected learning objectives. The examination consists of an interview on the topics covered in the course programme.

The assessment will take into account knowledge of institutional profiles, the ability to analyse doctrinal and jurisprudential orientations, to make connections between the various parts of the programme and to develop critical arguments, as well as the clarity of the presentation.

Final grade scale:

- preparation on a very limited number of topics covered in the course and analytical skills that emerge only with the help of the teacher, expression in generally correct language → 18-19;

- preparation on a limited number of topics covered in the course and independent analytical skills only on purely executive issues, expression in correct language → 20-24;

- preparation on a wide range of topics covered in the course, ability to make independent critical analysis choices, mastery of specific terminology → 25-29;

- substantially exhaustive preparation on the topics covered in the course, ability to make independent critical analysis and connection choices, full mastery of specific terminology and ability to argue and self-reflect → 30-30L.

Degree thesis

The assignment of the degree thesis takes place after enrolment in the appropriate list and a subsequent interview with the professor in charge of the course.

To enrol in the list, no more than three exams must remain to be taken.

Teaching tools

Students with SLDs or temporary or permanent disabilities are advised to contact the relevant University office (https://site.unibo.it/studenti-con-disabilita-e-dsa/it) in good time: it will be responsible for proposing any adjustments to the students concerned, which must in any case be submitted 15 days in advance for approval by the lecturer, who will assess their appropriateness in relation to the educational objectives of the course.

Office hours

See the website of Tommaso Bonetti

See the website of Giovanni Mulazzani