Health Law

The course aims to provide students with the fundamental knowledge required to understand the organisation and functioning of the Italian healthcare system. It does so by examining legislation and public policies concerning the protection of health and the integration of health and social care services. It also aims to equip students with the managerial skills necessary for professional practice in these fields.

More specifically, by the end of the course, students will be able to:

Knowledge and understanding: Acquire basic knowledge of the constitutional framework governing the protection of health, the organisational and functional structure of the National Health Service, and the integration of healthcare and social services, thereby developing a critical understanding of legislation and public policies in the field of health and social care.

Applying knowledge and understanding: Understand the fundamental principles underpinning the health and social care system and gain practical experience with the operational and managerial tools required to work with the sector’s main public and private stakeholders.

Making informed judgments and developing critical thinking: Critically analyse health and social care issues; formulate and substantiate legal arguments; independently integrate legal knowledge with knowledge from other disciplines; and assess the complexity of issues affecting the health and social care system. Students will develop critical-thinking and problem-solving skills and acquire the tools needed to understand developments in the regulatory framework and devise effective solutions to practical cases.

Communication skills: Communicate the findings of legal analyses and their implications clearly and persuasively, providing appropriate justifications in practical contexts, including when addressing non-specialist audiences. Students will also be able to participate in discussions and case analyses using terminology appropriate to institutional and professional settings.

Learning skills: Independently identify opportunities to deepen their knowledge, particularly by conducting research through the consultation of books, specialist journals and databases, drafting reports, and participating in discussions and debates.

Lectures, in-class case discussions, guest presentations and discussions with experts.

Students are expected to have a basic knowledge of public law and administrative law.

Attendance is recommended but not compulsory.

The course introduces students to the study of health law, examining its historical development and fundamental principles, public policies, different healthcare systems, the main sources of law, and the impact of European Union regulation on the national healthcare system.

Particular attention will be devoted to the constitutional dimensions of the protection of individual and public health; the organisational and functional structure of the National Health Service; relations between the State and territorial authorities; mechanisms for institutional coordination; planning and programming instruments; the integration of healthcare and social services; funding mechanisms; and the organisational structures and operational arrangements of the public and private actors involved in the National Health Service.

In addition to supplementary readings on specific topics indicated during the course, students may refer to one of the following textbooks:

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

C. Bottari, Manuale di legislazione sanitaria, Giappichelli, 2025.

E. Jorio, Diritto sanitario, Franco Angeli, 2026.

The final assessment consists of an oral examination covering the entire course syllabus. Students must demonstrate knowledge and understanding of the principles and legal institutions relevant to the subject.

Students must be able to independently analyse relevant legal sources and case law, use the technical and legal terminology of the discipline correctly, and construct legal arguments while identifying connections between the legal institutions under examination. They must thereby demonstrate that they have acquired the methodological skills required to address and solve practical cases.

The oral examination is graded on a scale of 0 to 30. The following criteria will be taken into account:

• Knowledge and understanding of legal institutions.
• Appropriate use of legal terminology.
• Ability to apply legal principles and institutions to practical cases.

During the oral examination, all students will be required to examine and discuss a practical case. Students are free to choose the case. For example, it may concern a judgment or a legislative or administrative act discussed during lectures or covered in the recommended textbook.

All students must register for the oral examination through the official examination booking system.

By way of example only, the oral examination may begin with one of the following topics:

• Essential Levels of Care (LEA).
• The National Health Service.
• Financial recovery plans.
• Accreditation of private healthcare providers.
• Community-based and territorial healthcare.