HEALTH LAW
Teacher: Prof. Gianluca Bellomo
Degree Courses: CDL in Health Care (1 cfu).
Department of Membership: Department of Legal and Social Sciences
e-mail: gianluca.bellomo@unich.it
Telephone number: 085-453.7842
Students reception days and hours: Wednesday from 3.30 pm to 5.30 pm (in their own study site at the Department of Legal and Social Sciences, Pescara, Viale Pindaro 42, Green Stair, 2° Floor, educational pole of Pescara).
Semester: I
Aims:
The main purpose of the course is to provide students, compatibly with the limited number of available hours of teaching, a preliminary basic knowledge of the fundamental institutions of public law / constitutional essential for understanding the regulatory framework that characterizes the health law in order to be able to, in the second part of the course, focus on the analysis of the main elements that distinguish it.
More specifically, with specific reference to Dublin Descriptors, the course aims to achieve the following goals.
Knowledge and understanding:
- of the fundamental notions of general theory of law;
- of the Italian Form of Government;
- of the system and of the hierarchy of sources in public law;
- of the general theory on constitutional rights and freedoms;
- the constitutional concept of the right to health referred to Article 32 and its constitutional interpretations;
Ability to apply knowledge and understanding:
- identifying the differences between "factual reality" and "legal reality" in individual situations;
- in resolving any antinomies according to the theory of sources;
- in recognition of the rights and main freedoms involved in the exercise of their professional activity;
- in the individual sectors involved in the health sector with active research into the specific legislation to be applied to individual cases.
Autonomy of judgment:
- With regard to the action of the public authorities, with reference to constitutional provisions and in a multilevel perspective, in the health sector;
- In particular with regard to legislative and regulatory acts issued in the health sector;
Communication skills:
- Acquisition of a more adequate technical-legal language in the field of public law.
Learning ability:
- Ability to find and consult independently the legal sources, also from a multilevel point of view, in one's own professional field;
- Ability to find and consult normative and jurisprudential comments of interest.
Course program:
MODULE 1 - Elements of public law (0.5 credit)
MODULE 2 - Elements of health law (0.5 credit)
MODULE 1 - The Course intends to provide the minimum elements of public law that are indispensable in order to have an essential picture of health law and without which it would be impossible to have a minimum knowledge of the subjects, instruments and institutes of health law.
In more detail, the following topics will be the subject of the first module:
Elements of general theory of law.
The organization of the Republic
The sources of Italian and European law.
MODULE 2 - A second part of the course will be specifically dedicated to the knowledge of institutions more specifically related to health law so that the student, at the end of the lessons has a clear perception of the national health organization within the national and European system and related fundamental legal institutions that distinguish it.
More specifically, the main topics discussed will be the following:
The right to health in the Constitution and in the European context.
The subjects of the health service.
Health services's planning.
Healthcare and social services.
Recommended textbooks:
For MODULE 1:
- R. BIN, G. PITRUZZELLA, Diritto pubblico, Giappichelli, Torino, last ed.
Alternatively, any university manual of public law for the part relating to the topics indicated.
For MODULE 2:
Special handouts will be provided during the course or specific directions.
Alternatively, any university manual of health legislation limited to the topics indicated.
Indispensable will be the knowledge of the Italian Constitution and the main laws of Italian public law as relevant to the topics indicated, these sources are available on any code of public law.
Teaching methods:
Frontal lessons.
Examination procedure:
The final test will be carried out through an oral interview with a score of thirty points during which the level achieved in pursuing the objectives set for the course will be ascertained.
