Giulia Re Ferrè

PhD student in Public, international and EU (curriculum Administrative Law) in the University of Milan

This article compares the digitization process of healthcare in Italy and Germany focusing on two main tools: the electronic health record and the mHealth regulation. Despite structural differences, the two countries present similar levels of digitization and, whereas Germany has recently introduced cutting-edge legislation on digital care, Italy has a more advanced level of EHR implementation. The analysis therefore focuses on the issues that have emerged in the two jurisdictions and the complementarity of the solutions adopted.

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A request to revoke a measure by means of a petition does not give rise to an obligation on the part of the public administration to take any measure. Consequently, if the public administration does not adopt any act in self-defense its silence does not constitute a default.

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In a recent judgement, the administrative court of Lazio has annulled the circular of the Ministry of Health concerning the domestic management of Covid-19 patients. It has in fact argued that the binding nature of the circular undermines the possibility of the physicians to freely select the most suitable therapy for the patient. The Council of State has a different opinion and, reforming the judgment of the TAR, has also ruled on the complex issue related to the relationship between the standardization of care and autonomy of the physicians. This contribution offers an overview on the rulings of the administrative courts on this topic and then focuses on a short analysis of the second instance judgment.

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With the decision n. 261/2021 of the 10th September 2021, the Administrative court of Friuli Venezia Giulia has ruled on relevant aspects related to the compulsory vaccination for healthcare personnel established by art. 4 D.L. 44/2021. The court has clarified that it is incorrect to claim that the vaccines used in the current vaccine campaign are still on trial, since they have been authorized by the Commission with a conditional marketing authorization, after EMA recommendation.

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The 50/2009 directive has created a fast tracking admission system for highly qualified third-countries workers, but after more than ten years from its adoption, it has not led to the expected results. The need of a reform appeared immediately clear. Germany has been the only European State to exploit the potential of the Blue Card. The data analysis shows that a key role was played by the German university system and the ability to attract international students. Most Blue Card owners, in fact, entered the Country with a student visa and later turned it into a different residence permit.

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