Postgraduate Course: European Healthcare Law (LAWS11316)
|School||School of Law
||College||College of Humanities and Social Science
|Credit level (Normal year taken)||SCQF Level 11 (Postgraduate)
|Course type||Online Distance Learning
||Availability||Not available to visiting students
|Summary||This 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.
Session 1: Introduction to EU law and health care
Session 2: The EU health care law matrix: institutions
Session 3: Economic and other drivers designed to shape national health policies
Session 4: The internal market, competition law and free movement of goods
Session 5: Health care delivery and free movement of goods
Session 6: Health care delivery and free movement of services and data
Session 7: Free movement of patients I: principles
Session 8: Rights and regulation of health professionals and EU social and employment law
Session 9: Free movement of patients II: mechanisms
Session 10: Free movement of patients III: effects
Entry Requirements (not applicable to Visiting Students)
||Other requirements|| Please contact the distance learning team at email@example.com
|Additional Costs|| Students must have regular and reliable access to the internet.
Course Delivery Information
|Academic year 2017/18, Not available to visiting students (SS1)
|Course Start Date
|Learning and Teaching activities (Further Info)
Seminar/Tutorial Hours 20,
Programme Level Learning and Teaching Hours 2,
Directed Learning and Independent Learning Hours
|Assessment (Further Info)
|Additional Information (Assessment)
||Students must log in on a regular basis throughout the course, sufficient to have covered all modules; and they must contribute constructively to at least two discussions in most weeks. They will also be assessed on a written essay of 5,000 words at the end of the semester.
||Students can expect to receive timely feedback on their assessments.
|No Exam Information
On completion of this course, the student will be able to:
- articulate and comment critically upon the fundamental legal and technical procedures, principles and concepts that inform and influence European health care law
- reflect upon the role played by principles such as exclusive, shared or supporting competence; supporting, community and subsidiary powers; harmonisation; margin of appreciation and proportionality
- constructively criticise the rules that apply to free movement of goods, services, persons and establishment as they apply to health care law.
- Critically evaluate the current position in EU law on organ donation and transplantation; the EU framework on eHealth; and the EU directives on Data Protection, Blood Safety, Working Time, Patients Rights and Cross Border Health Care
- effectively assess the effects of these freedoms on the practice of medicine, medical practitioners and on patient care
|The set textbook provided for this module is Health systems governance in Europe: the role of European Union law and policy, edited by Elias Mossialos, Govin Permanand, Rita Baeten and Tamara K Hervey. This book is available to download from the World Health Organization web site: Health Systems Governance in Europe: The Role of EU Law and Policy. It is important to bear in mind that the publication of this book predated the Lisbon Treaty, or the Treaty on the Functioning of the European Union (TFEU).|
A list of key module readings will be available in advance of the module. Detailed reading lists are then available each week.
|Graduate Attributes and Skills
||Students will develop their skills and abilities in:
1. Research and enquiry, through e.g. selecting and deploying appropriate research techniques;
2. Personal and intellectual autonomy, e.g. developing the ability to independently assess the relevance and importance of primary and secondary sources;
3. Communication, e.g. skills in summarising and communicating information and ideas effectively in written form;
4. Personal effectiveness, e.g. working constructively as a member of an online community;
5. Students will also develop their technical/practical skills, throughout the module, e.g. in articulating, evidencing and sustaining a line of argument, and engaging in a convincing critique of another┐s arguments.
||This course is taught by distance learning.
|Additional Class Delivery Information
||This course is taught by distance learning.
|Course organiser||Dr Murray Earle
Tel: (0131 6)50 8183
|Course secretary||Ms Clare Polson
Tel: (0131 6)51 9704