MVV436K The Right to Health and Cross-Border Telemedicical Services in the European Union

Faculty of Law
Autumn 2025
Extent and Intensity
0/1/0. 3 credit(s). Type of Completion: k (colloquium).
In-person direct teaching
Teacher(s)
Dr Bartłomiej Oręziak, PhD (seminar tutor), doc. JUDr. David Sehnálek, Ph.D. (deputy)
Guaranteed by
doc. JUDr. David Sehnálek, Ph.D.
Faculty of Law
Contact Person: Mgr. Věra Redrupová, B.A.
Supplier department: Faculty of Law
Timetable of Seminar Groups
MVV436K/01: Mon 27. 10. 10:00–11:40 041, 12:00–13:40 041, 14:00–15:40 041, Wed 29. 10. 12:00–13:40 041, 14:00–15:40 041
Course Enrolment Limitations
The course is only offered to the students of the study fields the course is directly associated with.

The capacity limit for the course is 30 student(s).
Current registration and enrolment status: enrolled: 35/30, only registered: 7/30
fields of study / plans the course is directly associated with
there are 60 fields of study the course is directly associated with, display
Learning outcomes
At the end of the course, students should be able to understand and explain:
- the theoretical foundations, scope of application, and practical examples of modern technologies in medicine (digital medicine, e-health, m-health, telemedicine, sensory health, medical informatics);
- the theoretical foundations and scope of the right to health (divided into the right to health protection and the right to healthcare services);
- the theoretical foundations and practical interpretation of European Union law related to the cross-border provision of healthcare services within the internal market, including patients' rights in cross-border healthcare;
- the problems in the realization of the right to health and the functioning of cross-border healthcare in the European Union during epidemics, with an example of the Covid-19 epidemic;
- the threat to the realization of the right to health in telemedicine in the form of telemedical cybercrime;
- create views, statements, and essays on the model and new trends in telemedicine;
- make reasoned decisions about the advisability of implementing telemedicine solutions in the healthcare system.
Syllabus
  • The series of five lectures, titled “The Right to Health and Cross-Border Telemedical Services in the European Union” will aim to present an in-depth analysis of the right to health from the perspective of cross-border telemedicine services within the European Union. These lectures will explore the potential of telemedicine solutions as instruments supporting the right to health to a broader or at least the current extent.
  • In the first lecture, the focus will be on advanced technologies in medicine, including a semantic analysis of terminology used in healthcare services. The session will also cover the taxonomy, certification, and concept of telemedicine, along with its benefits and risks.
  • The second lecture will outline the scope and significance of the right to health in the European Union. It will include a historical overview and discuss how this right has evolved through various treaties and its current manifestation in the EU legal framework, with particular attention to telemedicine and with a division into the right to health protection and the right to healthcare services.
  • In the third lecture, the conditions, principles, and interpretation of the law regarding the cross-border provision of healthcare services in the EU will be analyzed. This lecture will address whether telemedicine services can be classified as services within EU law and will cover the free movement of services, healthcare services, patients' rights, and the eligibility of telemedicine services in the internal market.
  • The fourth lecture will present the problems encountered in exercising the right to health and the operation of cross-border healthcare during pandemic times, with particular attention on the Covid-19. This session will discuss the impact of the pandemic on the legal system, the challenges faced in telemedical service provision, and propose solutions to these problems.
  • The final lecture will identify measures to eliminate or mitigate telemedicine cybercrime, which poses a risk to the effective exercise of the right to health. This will include an analysis of the characteristics and categories of telemedicine cybercrime, evidence-taking arrangements, and proposals for standardizing telemedicine systems to enhance security.
  • Throughout the series, the lectures will address significant research questions focusing on the essence, objectives, features, and functions of telemedicine in pursuing the right to health in cross-border contexts. By employing formal-legal methods, linguistic hermeneutics, legal dogmatic and legal-comparative analysis, these lectures aim to scrutinize the assertion that telemedicine should be perceived as a novel and advanced means to support and possibly extend the exercise of the right to health. The series will provide valuable insights for lawyers, legislators, researchers, and practitioners in modern technology and cross-border healthcare provision within the European Union.
  • Outline:
  • 1. Presentation of modern technologies in medicine (digital medicine, e-health, m-health, telemedicine, sensory health, medical informatics).
  • 2. Presentation of the theoretical foundations and scope of the right to health.
  • 3. Presentation of the theoretical foundations and practical interpretation of European Union law related to the cross-border provision of healthcare services.
  • 4. Presentation of problems in the realization of the right to health and the functioning of cross-border healthcare in the European Union during epidemics.
  • 5. Presentation of threat to the realization of the right to health in telemedicine in the form of telemedical cybercrime.
Teaching methods
Conducting an information and problem lecture combined formal-legal methods, linguistic hermeneutics, legal dogmatic and in some cases also legal-comparative analysis. These methods will be aimed at presenting practical and theoretical issues.
Assessment methods
Essay.
Language of instruction
English
Further comments (probably available only in Czech)
The course is taught only once.
Teacher's information
Dr. Bartłomiej Oręziak is Assistant Professor at the Faculty of Law and Administration of the Cardinal Stefan Wyszyński University in Warsaw, PhD in legal sciences, Council of Europe expert, Coordinator of the Center for Strategic Analyzes of Institute of Justice in Warsaw (2019-2024), member of the Management Team of the Polish-Hungarian Professors Network, former researcher in the Central European Professors’ Network 2021 (Ferenc Mádl Institute of Comparative Law in Budapest; Research group „The Impact of Digital Platforms and Social Media on Freedom of Expression and Pluralism”), former researcher in the Central European Professors’ Network 2022 (Central European Academy; Research group „Right to Privacy”), former researcher in the Central European Professors’ Network 2023 (Central European Academy; Research group “Migration Challenges – Legal Responses”), researcher in the Central European Professors’ Network 2024 (Central European Academy; Research group “Equality in an Ever-Integrating Europe”), laureate of the Minister of Science and Higher Education Scholarship for outstanding achievements in science for the academic year 2017/2018, winner of the DOCUP 2020 competition, member of the Artificial Intelligence Working Group at the Chancellery of the President Council of Ministers, reviewer of project proposal in Maynooth University (Innovation Value Institute), author of over 50 scientific texts (including indexing in Web of Science and Scopus). He is or was a head and member of international and national research projects (more than 10, including Norway Grant), as well as a speaker and organizer of international and national scientific conferences (more than 80, including NATO seminar in Warsaw). He won 3rd place (PolOn team) in Hackathon “Pioneering Digital Solutions for Human Rights in Justice” (as part of the TJENI Project) organized by the Council of Europe in Paris. He is also a member of international advisory scientific boards and scientific committees. Main interests: new technologies law, human rights protection, intellectual property law, public international law, EU law and criminal law and trial.

Literature

Basic:

J. Mchale, European Union Health Law. Themes and Implications, Cambridge 2015

C. Barnard, Free movement of legal persons and the provision of services, [in:] European Union Law, ed. C. Barnard, S. Peers, Oxford 2020

S. Garben, Tittle XIV Public Health, [in:] The EU Treaties and the Charter of Fundamental Rights: A Commentary, ed. Kellerbauer M., Klamert M., Tomkin J., Oxford 2019

N. Shuibhne, The Coherence of EU Free Movement Law. Constitutional Responsibility and the Court of Justice, Oxford 2013

W. Gekiere, R. Baeten, W. Palm, Free movement of services in the EU and health care, [in:] Health Systems Governance in Europe. The Role of European Union Law and Policy, ed. E. Mossialos, G. Permanand, R. Baeten, T. Hervey, Cambridge 2010

V. Buch, I. Ahmed, M. Maruthappu, Artificial intelligence in medicine: current trends and future possibilities, “British Journal of General Practice” No 68/668 (2018)

L. Gostin, P. Jacobson, Legal issues concerning electronic health information: privacy, quality, and liability, “Journal of the American Medical Association” No 282/15 (1999)

R. Dorsey, E. Topol, State of telehealth, “New England Journal of Medicine” No 375/2 (2016)

E. Elenko, L. Underwood, D. Zohar, Defining digital medicine, “Nature biotechnology” No 33/5 (2015)

S. Gunn, The Right to Health, [in:] Concepts and Practice of Humanitarian Medicine, ed. S. Gunn, M. Masellis, New York 2008

Supplementary:

B. Oręziak, Legal Aspects of e-Health and the Reality of the Polish Society, „Prawo w Działaniu“ No 38 (2019)

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