Attendance is mandatory, in accordance with the provisions of the Academic Regulations.
MANAGEMENT SANITARIO E DIRITTOModule ISTITUZIONI DI DIRITTO PUBBLICO
Academic Year 2025/2026 - Teacher: IGNAZIO SPADAROExpected Learning Outcomes
This course offers an introduction to the fundamental principles, structures, and sources of public law, with particular focus on the Italian constitutional legal framework.
It aims to provide students with a comprehensive understanding of the relationships between national, European, and international legal systems, as well as of the constitutional protection of fundamental rights.
By the end of the course, students will have developed a critical and in-depth awareness of the main legal issues concerning the relationship between healthcare providers and users, including those arising in emergency and exceptional contexts.
It aims to provide students with a comprehensive understanding of the relationships between national, European, and international legal systems, as well as of the constitutional protection of fundamental rights.
By the end of the course, students will have developed a critical and in-depth awareness of the main legal issues concerning the relationship between healthcare providers and users, including those arising in emergency and exceptional contexts.
Course Structure
The course will be delivered through face-to-face lectures, with active encouragement of class discussions. Students will have the opportunity to request further in-depth exploration of specific topics.
Required Prerequisites
None.
Attendance of Lessons
Detailed Course Content
The Course Syllabus covers the main topics of Italian public law, with particular emphasis on those directly relevant to healthcare professions:
-
General theory of the State
-
Regional State and health protection
-
Sources of Italian, international, and European law
-
Constitutional organs of government and safeguard
-
Supreme principles of the Italian constitutional system
-
Fundamental rights of citizens in the Constitution
-
Constitutional right to health
-
Implications of the right to health and other constitutional guarantees on the liability of healthcare professionals
-
Public law of emergencies
Textbook Information
THEORETICAL READINGS
Students may choose to base their study on the following text:
-
R. Bin, D. Donati, G. Pitruzzella, Lineamenti di diritto pubblico per i servizi sociali e sanitari, Giappichelli, Turin, 2024, 5th edition (selected parts, suggested in class).
or
-
Materials indicated by the Teacher during lectures, supplemented by Students’ own lecture notes.
LEGAL TEXTS
For effective participation in lectures and individual study, consultation of the relevant legal texts is essential. These texts will be provided by the Teacher and can also be accessed independently by Students via the Normattiva.it portal or purchased in bookstores. Among the most up-to-date collections, see e.g.: AA.VV., Leggi fondamentali del diritto pubblico e costituzionale, Giuffrè, Milan, 2025.
Course Planning
| Subjects | Text References | |
|---|---|---|
| 1 | The State and its classifications: the parliamentary form of government and the distribution of competences in healthcare. | |
| 2 | The Italian Constitution and constitutional laws: customs and international treaties. | |
| 3 | Legislation and acts having the force of law. Government regulations and ministerial decrees. | |
| 4 | The EU legal system. Overview of constitutional safeguard bodies. | |
| 5 | Fundamental principles and rights in the Italian Constitution. | |
| 6 | Patients' rights and the liability of healthcare professionals. | |
| 7 | Public law of emergencies. |
Learning Assessment
Learning Assessment Procedures
The final assessment consists of an oral examination aimed at evaluating the student’s understanding of the main topics covered in the course.
Students may also choose to take a preliminary written test, designed as a self-assessment exercise. This test is optional and does not preclude access to the oral examination.
Students may also choose to take a preliminary written test, designed as a self-assessment exercise. This test is optional and does not preclude access to the oral examination.
Examples of frequently asked questions and / or exercises
During the oral examination, the following questions may be asked (provided here purely as examples):
1) What are the sources of Italian law?
2) How is the division of legislative powers between the State and the Regions organized in the healthcare sector?
3) How does the parliamentary form of government function?
4) Under what circumstances can a medical treatment be carried out without the patient’s consent?
5) What is the legal and normative significance of the Oviedo Convention within the Italian legal system?