La Specializzazione medica e il principio di incompatibilità: Rilievi sullo status giuridico dello specializzando durante la formazione specialistica

Abstract

The work presents a critical analysis on the legal qualification of the doctor trainee  specialist. Through an excursus on the various regulatory interventions related to specialist training, it focuses on examining the derogatory legislative activity of a nature with respect to the principle of incompatibility envisaged by Legislative Decree n. 368/99. The study examines the art. 1 paragraph from 547 to 548 ter et seq. of law no. 145/2018 (Calabria Decree) as amended by art. 44 quater of law 29 April 2024, n. 56 and the Legislative Decree n. 18 of 17/03/2020 and subsequent amendments (Cura Italia), questioning whether the principle of incompatibility is a theoretical principle that does not find application in practice, therefore "convalescent", or is to be considered an "insurmountable" principle. The qualifying affinities with the institutes in the field on the job training and apprenticeship are analyzed, comparing them with the new institute introduced with the art. 3-ter legislative decree 44/2023 converted into law 74/2023, which although differs from the provisions of the art. 41 of the Legislative Decree. 81/2015, retains similar elements.