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DRPS : Course Catalogue : School of Law : Law

Postgraduate Course: European Health Care Law (LAWS11256)

Course Outline
SchoolSchool of Law CollegeCollege of Humanities and Social Science
Course typeStandard AvailabilityAvailable to all students
Credit level (Normal year taken)SCQF Level 11 (Postgraduate) Credits20
Home subject areaLaw Other subject areaNone
Course website Taught in Gaelic?No
Course descriptionThis module covers areas of European law applicable to health care, and health systems and health policy.
While the EU has no formal power to develop its own health care law, it does have competence to carry out actions to support, coordinate or supplement national actions in, inter alia, the health field. But in order that students properly understand that, the course will begin by looking at important milestones in the history of the EU, and those provisions in the Treaty of Lisbon applicable to health. EU structures and bodies will also be introduced and explained at the start of the module.
Armed with this foundation understanding, and having considered the relationship between EU health initiatives and Member State health policies, students should be able to better address specific areas of EU law applicable to health. They will also be able to consider and debate the following areas:
1. The relationship between law, politics and public health policies
2. The EU health care law matrix of super-state, state and sub-state agencies
3. EU preventive and incentive measures

Through the course, a number of specific issues will be addressed, including:
1. Organ donation and the competences (and limits) of EU actions
2. Tobacco regulation affecting trade, justified on the ground of the 'health' derogation.
3. Detection and control of communicable diseases: an incentive-driven preventive health measure
4. The Cross Border Health Care and Patients Rights directives and whether they will do more than codify existing EU law as it applies to free movement of persons in the health care context.
5. The Consumer Protection and Data Protection directives and whether they are fit for health care purposes
At relevant points in the module, we will look at cross-border issues in specific Member States or regions. This will be facilitated by discussion of scenarios that will have been contributed by colleagues connected to the European Association of Health Law.

Entry Requirements (not applicable to Visiting Students)
Pre-requisites Co-requisites
Prohibited Combinations Other requirements Please contact the distance learning team at
Additional Costs Students should have regular and reliable access to the Internet. Print consumables recommended to provide hard copy of some materials.
Information for Visiting Students
Pre-requisitesPlease contact the distance learning team at
Displayed in Visiting Students Prospectus?No
Course Delivery Information
Delivery period: 2013/14 Semester 2, Available to all students (SV1) Learn enabled:  No Quota:  None
Web Timetable Web Timetable
Class Delivery Information This course is taught by distance learning.
Course Start Date 13/01/2014
Breakdown of Learning and Teaching activities (Further Info) Total Hours: 200 ( Seminar/Tutorial Hours 40, Programme Level Learning and Teaching Hours 4, Directed Learning and Independent Learning Hours 156 )
Additional Notes
Breakdown of Assessment Methods (Further Info) Written Exam 0 %, Coursework 100 %, Practical Exam 0 %
No Exam Information
Summary of Intended Learning Outcomes
By the end of this course, students will be able to:
1. Demonstrate a critical understanding of the specific areas of EU law applicable to health;
2. Articulate and constructively comment upon the inter-relationships; between law, politics and economics in the development and implementation of public health policies
3. Give a critical account of the EU health care law matrix of super-state, state and sub-state agencies;
4. Evaluate the impact of EU preventive and incentive measures;
5. Demonstrate knowledge and understanding of topical issues in health; care law generally, and of specific contexts and developments in different member states
6. Apply advanced research, analysis and writing skills in the specialist field of European health care law.

Assessment Information
One essay of up to 4,000 words (60%); one individual assignment (20%); contribution to weekly online discussions throughout the semester (20%). Requirements for all module assessment will be outlined to students within the individual modules at the start of each semester.
Special Arrangements
This course is taught by distance learning.
Additional Information
Academic description Not entered
Syllabus 1: Introduction to EU law and health care
2: The EU health care law matrix: institutions, health policy and Member State health systems governance
3: Economic and other drivers designed to shape national health policies
4: The internal market, competition law and free movement of goods
5: Health care delivery and free movement of goods and services 1
6: Health care delivery and free movement of services 2
7: Rights and regulation of health professionals and EU social & employment law
8: Free movement of patients I
9: Free movement of patients II
10: Free movement of patients III: the effects
Transferable skills Not entered
Reading list Not entered
Study Abroad Not entered
Study Pattern Not entered
KeywordsNot entered
Course organiserProf Graeme Laurie
Tel: (0131 6)50 2020
Course secretaryMs Clare Polson
Tel: (0131 6)51 4411
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