Università degli Studi di Napoli "Parthenope"

Teaching schedule

Academic year: 
2016/2017
Belonging course: 
Course of Master's Degree Programme on SPORT SCIENCES AND MANAGEMENT
Disciplinary sector: 
PRIVATE LAW (IUS/01)
Credits: 
6
Year of study: 
2
Teachers: 
Cycle: 
First Semester
Hours of front activity: 
48

Language

Italian

Course description

HEALTH LAW:
The course aims to provide the students with the tools and theoretical concepts useful for understanding the fundamental characteristics of the right to health and to deepen the issues related to the responsibilities of health care staff.
It aims to deepen general and specific profiles, is aimed at providing professional tools for students and is of a specialized nature as it interprets the needs of the training and aims to forge competent professional figures in the field as they have specific knowledge and skills To understand the characteristics of the National Health Service and to deal with the Public Administrations and other stakeholders that operate in the sector.

SPORT LAW:
The course aims to the acquisition of the basic knowledge with reference to the legal system, to the sources of law and the relation with the sport phenomenon. Knowledge of legal capacity, personality and protection of individuals in sport Law, with reference to the sports federations and sports companies. Knowledge of the Structure of the sports justice; Knowledge of the rules governing the assets bargaining in the sports. Knowledge of the different hipothesys of liability in sports. The course aims to to identify which rules will apply to a particular case in sports.
Learning outcomes expected:
Knowledge and understanding. Students must demonstrate:
- Possession of an adequate knowledge on program topics, in particular of the basic institutions of the sport order in the light of the private the principles of the italian constitution and the legal issue about the sprot.
- Students must demonstrate an understanding of fundamental principles in order to the topics of the lessons, in particular the institutions and of the mastery of their applications according to the jurisprudencial case
-
-.
2. Ability to apply knowledge and understanding Students must demonstrate the ability to solve elementary legal issues, using the knowledge gained and applying the tools provided ability to identification of the cases envisaged during the lessons.
3. Students must demonstrate critical ability on the topic of the program
4. Students must demonstrate knowledge and ability to use of the legal language
5. Students must be able to analise the fundamental characteristics of the sport phenomenon in the light of the state legal system and sport legal system

Prerequisites

basic knowledge of private law

Syllabus

HEALTH LAW:
Health and health protection: historical evolution. Constitutional health protection profiles. The right to health as a fundamental and social right. Voluntary and obligatory health checks and treatments. Informed consent and self-determination of the patient. The division of legislative and administrative competences and the forms of liaison between state and local authorities. Determining essential levels of healthcare performance: substantive and procedural profiles. The administrative organization of health: the division of legislative and administrative functions; Health planning; The institutional subjects of the National Health Service. The welfare benefits. The private intervention in the provision of health care services. Authorization, accreditation, agreements. The pharmacies. The staff of National Health Service. The healthcare responsibility of the structure and the operator is the profession.
The reconstruction of sports phenomenon in the light to the theory of the plurality of legal systems.
The sport legal system in the national, international adn european context. The sources of the sport law.
The sports organization
The Italian Olympic Committee. The italian paralympic committee.The national sports federations. Corporations and federal amateur associations
The athlete. The right to health, the doping, gene doping; the right to the physical integrity and
the assumptional risk, the image right. The sport and the children; the equality principle and the ius soli sportivo
Sports contracts. The sports labor contract with the athlete. The law 23 marzo 1981 n.91. The employment contract with the “de facto professional”. Sponsorships. Merchandising. The contract of sale of tickets for sports events. The Ski pass contract
Liabilities in sport activities . Liabilities of athletes. Liabilities of organizers of sporting events.Liabilities of the partents, Liabilities of the institutions, federations, sports clubs, coach and instructor, sports doctors, directors of races. Analysis of the judgments of the Courts.
The sport justice. the Relationship between sport justice and the state justice

HEALTH LAW:
Health and health protection: historical evolution. Constitutional health protection profiles. The right to health as a fundamental and social right. Voluntary and obligatory health checks and treatments. Informed consent and self-determination of the patient. The division of legislative and administrative competences and the forms of liaison between state and local authorities. Determining essential levels of healthcare performance: substantive and procedural profiles. The administrative organization of health: the division of legislative and administrative functions; Health planning; The institutional subjects of the National Health Service. The welfare benefits. The private intervention in the provision of health care services. Authorization, accreditation, agreements. The pharmacies. The staff of National Health Service. The healthcare responsibility of the structure and the operator is the profession.

SPORT LAW:
A)
The reconstruction of sports phenomenon in the light to the theory of the plurality of legal systems.
The sport legal system in the national, international adn european context. The sources of the sport law.
The sports organization
The Italian Olympic Committee. The italian paralympic committee.The national sports federations. Corporations and federal amateur associations
The athlete. The right to health, the doping, gene doping; the right to the physical integrity and
the assumptional risk, the image right. The sport and the children; the equality principle and the ius soli sportivo
Sports contracts. The sports labor contract with the athlete. The law 23 marzo 1981 n.91. The employment contract with the “de facto professional”. Sponsorships. Merchandising. The contract of sale of tickets for sports events. The Ski pass contract
Liabilities in sport activities .
B)
Liabilities of athletes. Liabilities of organizers of sporting events.Liabilities of the partents, Liabilities of the institutions, federations, sports clubs, coach and instructor, sports doctors, directors of races. Analysis of the judgments of the Courts.
The sport justice. the Relationship between sport justice and the state justice

Teaching Methods

Lessons and discussion between student and teacher; analysis of the most important and relevant cases; individual and group work and seminary

Textbooks

HEALTH LAW:
R. Balduzzi – G. Carpani, (a cura di), Manuale di diritto sanitario, Il Mulino, ult. ed.
The professor also reserves the right to distribute during the course the supplementary didactic material and to undertake specific questions which is an integral part of the examination program.
SPORT LAW
PARTE A: G. LIOTTA-L. SANTORO, Lezioni di diritto sportivo, Milano, 2016
PARTE B: M. PITTALIS, Fatti lesivi e attività sportiva, Milanofiori Assago(MI), 2016
Theaching materials available on line on the department’s web site, link dispense

Learning assessment

The final exam will be oral and i twill cocnern the topic of the program and i w ill aims to verify the knowledge of the princips of the thems of the lessons. The exam will require knowledg of the principles, claryty of verbal exposure, correct language, ability to synthesize.
The result will be in thirtieths
The student will achieve the minimum grade if he will demonstrate the basical knowledge about the subjects of the sport activities, the personal rights, the contractual activities and the liabilities.
The student will achieve the maximum grade if he will demonstrate a complete knowledge of the topics of the program, according to the above criteria.

More information

Theaching materials available on line on the department’s web site, link dispense.