Study programme and level
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Enrolment in Year 2
The course includes the Procedure for exercising rights arising from pension and disability insurance, the Procedure for exercising rights arising from health insurance and Inspection procedures.
Procedure for exercising rights arising from pension and disability insurance, insurance principles, insured persons and their characteristics, jurisdiction in matters relating to insurance and exercising rights arising from insurance, expert commission, decision. Revision. Enforcement of decisions. Complaint. Annulment and amendment of the final decision. Judicial protection before the labour and social court.
Procedure for exercising rights arising from health insurance, inspection procedures, organisation and rights arising from health care. Decision of a doctor. Decision of the designated physician, administrative decision. Decision of a medical commission. Decision of the Institute of Public Health, administrative decision. Legal remedies. Enforceability of decisions of the Institute. Protection of rights before the labour and social court.
Inspection. Protection of public interest as an admissible basis for control. Consistency of measures and objectives pursued. Ex officio action. Relationship between the Inspection Act and the General Administrative Procedure Act. Principles of inspection procedures: independence, protection of public interest and private interests, principle of publicity, proportionality. Jurisdiction. Procedure. Measures: preventive, regular, special, measure for the protection of third parties. Decision. Appeal procedure. Decision on misdemeanours as a side measure due to violation of regulations. Mutatis mutandis application of the General Administrative Procedure Act. Liability for damages.
Objectives and competencies:
The course includes studies of procedures for exercising social security rights and studies of inspection procedures. The first part of this course deals with special administrative procedure for exercising social security according to the Pension and Disability Insurance Act and the Health Care and Health Insurance Act in relation to the subsidiary application of the general administrative procedure. Special emphasis is given to the case law of the Labour and Social Court and, on this basis, to the understanding of the correct application of the law in specific procedural situations. In the second part of this course students acquire knowledge about the procedural institutes of the inspection procedure and about the permissible operation of the inspection service in a specific inspection matter. The study provides a proper understanding of certain institutes in inspection matters, in particular the application of discretion and the principle of proportionality in the implementation of inspection measures in specific administrative inspection matters.
Intended learning outcomes:
Knowledge and comprehension:
Students are trained to independently manage procedures and make decisions in administrative matters in these administrative areas. At the same time, students acquire the knowledge necessary for the protection of rights of an individual or a legal person in relation to the public interest.
Lectures, tutorials, discussion of the results of seminar papers.