Ateneo - UPO

Starting from the knowledge developed in the Introduction to Biolaw course, the seminar intends to develop a public law reflection on the key points of the interaction between biolaw and new technologies. New technologies and, in particular, the irruption of artificial intelligence into the social scenario, lead to a necessary rethinking of constitutional rights and duties, also in the field of biolaw, as well as to a reflection on the impact of these new tools on the relationship between the biojuridical case and the separation of powers. Along these two axes of study, individual problematic issues will be examined. In terms of the guarantee of fundamental rights, we will start from a theoretical introduction on the relationship between bioethical choices, new technologies and the guarantee of fundamental rights to then consider the impact of artificial intelligence on the main issues of biolaw. The study perspective on fundamental rights will then be duly completed by taking into consideration the attitude of constitutional duties in relation to the object of the seminar. With regard to the interaction with the separation of powers, the impact of technical-scientific assessments in the health sector on legislative and jurisdictional activities will be examined.

Teaching materials (doctrinal articles, normative texts, judicial decisions) will be made available by the teacher. Students are invited to submit to the attention of the classroom any teaching material of interest, which may integrate that pre-established by the teacher.

The course pursues the following educational objectives: i) to outline the public law perimeter of studies on biolaw and new technologies ii) to identify the main theoretical, axiological and methodological coordinates, also starting from the study of the classics iii) to situate the main thematic areas of the interaction between biolaw and new technologies on the two axes of modern constitutionalism: the guarantee of fundamental rights and the separation of powers iv) to pay attention to the relationship between the object of studies and constitutional duties v) to allow students to develop skills in the study and discussion of judicial cases, through the examination and discussion of specific judicial cases, emanating from internal and supranational jurisdictions, in the interlevel perspective vi) to allow students to develop the ability to write descriptive and argumentative texts on topics of biolaw and new technologies.

The course, within the framework of the curriculum in “Biolaw, care and health”, is the continuation of the studies begun with “Introduction to Biolaw”. Students who have already attended and passed this last exam will be able to better grasp the opportunities for deepening their knowledge and developing their skills offered by the seminar in “Biolaw and new technologies”. However, it is possible to attend the seminar even without having taken “Introduction to Biolaw”.

The lesson on each developed topic will be followed by one in which one or more cases indicative of the theoretical problems treated will be chosen, in order to be able to trace in judicial decisions the solutions provided by courts to the salient issues of the relationship between biolaw and new technologies. Students will be invited to exercise their skills in reading and understanding judicial decisions, in public presentation, in reasoned discussion (with particular attention to distinguishing the technical-legal profiles from those of a political and bioethical nature).

Students with physical disabilities, Learning Disabilities or Special Education Needs can request specific services and tools via the Staff Sviluppo e Coordinamento Carriere e Servizi alle Studentesse e agli Studenti, consulting the University webpage: https://www.uniupo.it/en/services/servicesstudents-physical-or-learning-disabilities Students with disabilities, learning disabilities or special education needs, once they have contacted the University Staff, can refer to the tutor in charge of the course to define the examination modalities, concerning academic aspects.

Learning will be assessed both on the basis of participation in the case discussions conducted in class and in the light of a final report whose objectives and contents will be agreed upon by the students with the teacher in the second final of the course. The seminar, for its purposes and content, requires the attendance and participation of the students in the classroom discussions. Students who will not have the opportunity to attend will still be able to take the final exam, which, in addition to the writing of a report on a topic of their choice, includes an interview on the other topics of the course. For the indication of the materials on which to prepare the exam for non-attending students, please contact the teacher by e-mail.

The coure will address the following key themes and topics: 1) Biolaw and new technologies: specificities of the public law studies perspective; 2) The theoretical-axiological coordinates: the impact on the guarantee of fundamental rights and the separation of powers: 2a) I axis of the study: biolaw, new technologies and the guarantee of fundamental rights – bioethical choices, new technologies and the guarantee of fundamental rights: a theoretical introduction – the impact of artificial intelligence on the main issues of biolaw (for example: the impact of AI on the care relationship and on the development of clinical medicine (automated guidelines, digital therapies, AI and telemedicine, experimental research) and preventive medicine (forecasting models); neuroscience and the relationship between artificial intelligence and human intelligence; problems posed by human enhancement technologies; regulation of facial recognition technologies; digital devices, psychophysical development, educational relationships) – the connection with the category of constitutional duties 2b) II axis of the study: biolaw, new technologies and the separation of powers – the impact of technical-scientific assessments in the health sector on legislative and jurisdictional activities – the balance between the principles of competence, independence, pluralism and advertising in the discipline on the organization and functioning of technical-scientific bodies.

At the end of the course, it is expected that students will have developed adequate knowledge and understanding skills in relation to the subject matter covered, in its entirety, demonstrating mastery of the specialized language and the ability to rework concepts in an original way, as well as being able to move with dexterity in the interlevel framing of the issues addressed, both with regard to the production of sources and with regard to the jurisdictional level. It is expected that students will be able to apply the knowledge acquired to study and argue case law, both through the elaboration of written texts and through oral presentations.