HeaLaB - Docs

Books

[2021] G. Fares (edited by) The Protection of Personal Data Concerning Health at the European Level. A Comparative Analysis

The book is divided into two sections. In the first one, topics with a general character are developed, such as the general principles of the GDPR, the processing of medical data at the European level and the particular rules on big data in the field of biomedical research. The special part, corresponding to the second section, is focused on the comparison between the GDPR and the domestic law of seven different European Countries, in particular Germany, France, Spain, Italy, Bulgaria, Greece, Poland. The contribution of scholars from many EU countries to the publishing project has been of critical importance.

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[2021] Martin Belov (edited by) The revolution and its impact on State, constitutionalism and public law

The book provides insightful and original analysis of the future of constitutionalism, state, and law in the new technological age. Thanks to the contribution of European scholars in the fields of constitutional, administrative, financial and EU law, the volume deals with some fascinating conceptual questions including: a) what are the challenges of information and technological revolution to sovereignty?; b) how will information and technology revolution impact democracy and the public sphere?; c) what are the disruptive effects of social media platforms on democratic will-formation processes and how can we regulate the democratic process in the digital age?; d) what are the main challenges to courts and administrations in the algorithmic society?; e) what is the impact of artificial intelligence on administrative law and social and health services?; f) what is the impact of information and technology revolution on data protection, privacy and human rights?

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[2020] M. De Salvo - C. Colapietro - D. Morana - G. M. O. Fares - F.G. Cuttaia - R. J. Flacco - J. Cayón-De las Cuevas - J. I. Ochagavías-Colás - M. Milapidou - M. Urbaniak - G. L. Ispas - N. Slavcheva Cross-border Health Care in the European Union. A comparative overview

This book collects the speeches given by scholars from different Countries of the European Union at the conference held in Rome on 23 May 2019, at the University of Rome Tre, focusing on the issues of cross-border health care, with particular reference to its evolutionary profiles. The deepening of the detailed ways adopted by the Member States for the implementation of the EU Directive 24/2011 offered useful insights and contributions for the definition of a generally unified context that would focus on the effective protection of people's health in every part of the EU. The arguments and the indication of the critical issues contained in the various contributions appear to be very topical in the light of the dramatic pandemic that has been affecting Europe and the all the world.

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[2019] Markus Frischhut The Ethical Spirit of EU Law

The law of the European Union (EU) affects more and more areas of national law, including also some sensitive fields, for instance patentability of human life. At the same time, we can observe a tendency towards increasing references to the terms ‘ethics’ and ‘morality’ in EU law. Especially if unethical behaviour leads to legal consequences, the often missing determination of these concepts remains a challenge.

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[2019] Patrick Mistretta Droit pénal médical. Contentieux médical, responsabilité pénale, droits du patient

The present work entitled “Droit pénal médical” -Criminal Law in Medical Practice- is the first published in France on the subject. The absence of work in this field is surprising since litigation in medical law has become a reality today considering the growing number of practitioners charged with criminal offences. The object of this book is both academic and scientific insofar as it aims to enable all the parties involved in the criminal process related to medical practice (jurists, lawyers, judges, practitioners and academics) to better apprehend the reality and content of medical criminal law. The first part of the study deals with le droit pénal général médical – medical criminal law in general- to highlight the specificity of the general rules that form the basis of a physician’s criminal conviction. The author explores not only the criminal proceedings, but also the rules determining the criminal responsibility -or absence of responsibility- of a physician in medical practice, as well as the disciplinary actions and proceedings used in medical law that differ from ordinary criminal law.

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[2018] Carlo Colapietro, Mariangela Atripaldi, Guerino Fares, Antonio Iannuzzi (eds) The models of healthcare Welfare from Quality and Sustainability perspectives - I modelli di welfare sanitario tra qualità e sostenibilità. Esperienze a confronto

The present volume contains the papers drafted by the participants in the International Conference about “The health welfare models between quality and sustainability: comparing experiences”, happened at Roma 3 University on 5th and 6th April 2017. Il presente volume raccoglie gli Atti del Convegno internazionale su “I modelli di welfare sanitario tra qualità e sostenibilità: esperienze a confronto”, svoltosi il 5 e 6 aprile 2017 presso l’Università degli Studi Roma Tre.

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[2017] André den Exter (ed) Cross-border health care and European Union law

This book examines the Cross-Border Care Directive by exploring its rationale and its impact on solidarity and equal access in the Member States; explaining legal issues regulated by the directive, such as quality of care (what is quality of care?), reimbursement issues (diversity in national reimbursement rules, as well as legal uncertainties due to parallel reimbursement regimes), the use of internet and health care, as well as examining the broader context, i.e., the relationship with professional mobility and even the global setting of patient mobility. The outcomes show that patient mobility, and the CBC Directive in particular, raises important legal questions addressing both EU law and national health law, reflecting different concepts or interests (economic versus human rights law), which may result in different outcomes. Secondly, the directive covers a wide range of related topics facilitating patients seeking health care abroad (e.g. rare diseases, eHealth, health technology assessment).

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Publications