Health and Public Law

ldrop2132  2021-2022  Louvain-la-Neuve

Health and Public Law
5.00 credits
30.0 h
Main themes
The juridical analysis of the health system in Belgium constitutes the subject matter of the course. This one focuses on the regulation and financing modes through which the authorities manage the exercise of the health practices. In this context, can be analyzed - the lawfulness conditions, organization and supervision of the exercise of the health professions and of the medical practices known as "non conventional", including the organization of the possible professional orders ; - the administrative and financial organization, running and supervision of the health institutions - like hospitals, "medical homes" and old people's homes -, as well as the "approbation" of health instruments and the electronic centralization of health data ; - the organization of medicines' delivery.
Learning outcomes

At the end of this learning unit, the student is able to :

1 At the end of the course, the student has to be able : - to have a detailed knowledge regarding the administrative and financial organization, running and supervision of the health system in Belgium, including their implications in European law ; - to apply this knowledge to practical situations ; - to make critical observations in relation with the solutions imposed by the in force rules. The course is based on participatory teaching methods (learning through projects or problems, review of the relevant case-law and doctrine, debates with guest speakers, field studies ...) which allow the students to develop independently a critical, forward-looking and inventive look on public international law. Students are encouraged to participate and to get involved in learning, which has both an individual and a collective dimension.
The Health Public Law course examines the legal rules that govern the Belgian health system from an administrative and financial point of view. In particular, it considers the legal norms that regulate the health professions - both conventional and non-conventional - on the one hand, and those that relate to the health structures understood in the broadest sense of the term - hospitals, rest homes, psychiatric nursing homes, sheltered housing initiatives, medical homes, etc. - on the other hand. The course seeks to highlight, in both sectors, the legal mechanisms that the public authorities put in place and the diversity of the instruments they use, in order to identify the orientations they impose on health policy. At the same time, it intends to induce a critical, nuanced and constructive reflection on these mechanisms, instruments and orientations.
Teaching methods
To achieve these different objectives, the course develops a "dialogue pedagogy". The issues addressed are determined by mutual agreement with the students. They are invited to speak out and express their questions, thoughts and criticisms concerning the legal rules in question. In addition, emphasis is placed on contact with health professionals. Particular attention is paid to their view of the law in force and the changes they would like to see. When the questions studied lend themselves to it, meetings are planned during the course itself with external speakers concerned by them.
Evaluation methods
Two evaluation methods are offered to the student, who can choose one or the other.
First modality
In small groups, students decode a problematic, present this problematic during a class and write a paper of approximately 30 to 40 pages that reports on their presentation.  Students are evaluated on the basis of their presentation, their writing and their participation in the discussions organized during the course - participation that can be ensured via the forums opened on the course Moodle page.
Failing students are encouraged to revise and deepen their approach to the problem they have grasped during the term. They submit a revised version of their paper.  A meeting is organized with the teacher in session.
Second modality
The student presents an oral exam during the session. This exam consists of a question related to the material covered during the course and a question prepared in advance, written down in a document of about 5 pages that the student hands in at the latest at the beginning of the exam.  The purpose of the exam is to verify that the student meets the objectives of the course, i.e. that he/she not only has knowledge but is able to understand, apply and adopt a critical point of view.
Other information
The course is not accompanied by a syllabus since the topics covered are decided by mutual agreement with the students, in particular with those who take charge of a topic to be presented to the audience (first evaluation modality). A "progressive outline" is however placed on the Moodle platform; it is completed week after week in order to allow the students to have a clear vision of the global structure of the course.
Online resources
Online resources are posted on the course Moodle page.
Teaching materials
  • Plan progressif du cours (Moodle)
Faculty or entity

Programmes / formations proposant cette unité d'enseignement (UE)

Title of the programme
Learning outcomes
Master [120] in Law (shift schedule)

Master [120] in Law