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DEGREE REGULATIONS & PROGRAMMES OF STUDY 2021/2022

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DRPS : Course Catalogue : School of Law : Law

Postgraduate Course: European Health Law and Policy (LAWS11393)

Course Outline
SchoolSchool of Law CollegeCollege of Arts, Humanities and Social Sciences
Credit level (Normal year taken)SCQF Level 11 (Postgraduate)
Course typeOnline Distance Learning AvailabilityNot available to visiting students
SCQF Credits20 ECTS Credits10
SummaryThis course introduces students to those areas of European laws applicable to health care, health systems, and health policy. Using examples of the European Union and the Council of Europe, in the wake of the Brexit decision, the course explores examples of health care law in transition. From an understanding of the EU Competence Framework and relevant European structures and bodies, the course considers the impact on health policies of the four freedoms of movement: of goods, services, capital, and people. In particular, the course examines the ongoing legal and policy implications for European states, as the UK is poised to leave the European Union.
Course description Week 1. Introduction to EU law & health care
Week 2. The EU health care law matrix
Week 3. Economic & other drivers designed to shape national health policies
Week 4. The internal market, competition law & free movement
Week 5. Health care delivery & free movement of goods
Week 6. Health care delivery and free movement of services & data
Week 7. Free movement of patients I: principles
Week 8. Rights & regulation of health professionals and EU social &
employment law
Week 9. Free movement of patients II: mechanisms
Week 10. Free movement of patients III: effects
Entry Requirements (not applicable to Visiting Students)
Pre-requisites Co-requisites
Prohibited Combinations Other requirements Please contact the online learning team at law.online@ed.ac.uk
Additional Costs Students should have regular and reliable access to the Internet.
Course Delivery Information
Not being delivered
Learning Outcomes
On completion of this course, the student will be able to:
  1. demonstrate a critical understanding of free movement of goods, services, persons and capital as they apply to European health care law.
  2. apply knowledge, skills and understanding of the roles played by principles such as exclusive, shared or supporting competence; supporting, community and subsidiary powers; harmonisation; margin of appreciation and proportionality, as they apply to health care law
  3. develop well-reasoned arguments in response to health care law issues arising from the transition away from membership of the European Union
  4. utilise concise and effective communication skills to engage in debates with colleagues from different backgrounds
  5. manage complex legal and professional issues to make informed judgements on the role of European frameworks in health care law
Reading List
The set text 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.

It is important to bear in mind, however, that the publication of this book predated the Lisbon Treaty, or the Treaty on the Functioning of the European Union (TFEU); this will affect the numbering of relevant Articles in the TFEU (though equivalent numbering is given in the text of the TFEU).

A more recent and comprehensive title is Tamara K Hervey & Jean V McHale, European Union Health Law: Themes and Implications. Cambridge University Press. 2015. Again, individual chapters will be referred to throughout the course.

Chapters will also be referred to week by week from Tamara K Hervey, Calum A Young, Louise E Bishop (Eds.), Research Handbook on EU Health Law and Policy (Cheltenham: Edward Elgar, 2017.

Due to the nature of the discipline, sources tend to be from journals and online publications, the most useful of which is the European Journal of Health Law, available online through IngentaConnect.

In addition, the European Observatory on Health Systems and Policies publishes the online journal Eurohealth as well as a number of Policy Briefs.

A detailed list of key resources will be available at the start of the course.
Additional Information
Course URL http://www.law.ed.ac.uk/online_distance_learning/llm_degrees/llm_in_medical_law_and_ethics/modules/european_health_care_law
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 course, e.g. in articulating, evidencing and sustaining a line of argument, and engaging in a convincing critique of another's arguments.
Special Arrangements This course is taught by online learning.
Additional Class Delivery Information This course is taught by online learning.
KeywordsNot entered
Contacts
Course organiserDr Murray Earle
Tel: (0131 6)50 8183
Email: murray.earle@ed.ac.uk
Course secretaryMs Clare Polson
Tel: (0131 6)51 9704
Email: Clare.Polson@ed.ac.uk
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