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Whether there is a public health need for the containment and response to swine flu, or an individual need to access health care across the border for a hip operation to alleviate pain, the EU has an increasingly powerful role in the field of human health. Health law and policy is deeply tied into fundamental rights, bioethics and values, with important implications for individuals. However, it is also an expansive area of economic regulation, of social and state arrangements. The growing role of the EU in human health law and policy is contested, particularly as it has implications for the fundamental rights and values that are enshrined in national health law and policy. This book outlines, through case studies, how the expansion of EU power is taking place through law and policy, in both public health and health care. How is law and policy in the field of human health adopted, who are the institutional actors involved, and what is the impact of these developments for fundamental rights?
Research Handbook on EU Health Law and Policy by Tamara K. Hervey,Calum Alasdair Young,Louise E. Bishop Pdf
The steady expansion of the European Union’s involvement in health over the past 20 years has been accelerated by recent events. This handbook offers an up-to-date analytical overview of the most important topics in EU health law and policy. It outlines, as far as possible, the direction of travel for each topic and suggests research agenda(s) for the future.
Health Law and the European Union by Tamara K. Hervey,Jean V. McHale Pdf
How does the law of the European Union affect health law and policy? At first sight, it seems limited. However, despite its restricted formal competence, the EU has recently become increasingly involved in the health field. Litigation based on EU law has resulted in a 'right to receive health care services' across national boundaries which may have huge practical implications for national health systems. The EU has promulgated legislation regulating clinical research, and the marketing of pharmaceuticals; patients' rights are affected by EU legislation on data protection and product liability; the qualifications of health care professionals are legally recognised across the EU; and the EU has acted to promote public health. This book explores the various impacts of measures of EU law on national health law and policy. Through elaboration of selected examples, the authors show that, within the EU, health law cannot be regarded as a purely national affair.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the law at EU level affecting the physician-patient relationship and the interaction of physicians with other healthcare providers and the healthcare system. Although the legal aspects of healthcare in Europe most often fall under national law, the past two decades have witnessed the emergence of a distinctive field of EU health law with its own underlying principles and structural coherence, founded in a series of directives and CJEU decisions. This book examines the areas in which EU law now must be taken into account in healthcare, including aspects of patients’ rights, recognition of professional qualifications and minimum training conditions, professional rules of conduct, clinical trials and investigations of medicinal products and medical devices, health and genetic data, and beginning and end of life issues. Succinct and practical, this book will prove to be of great value to professional organizations of physicians, nurses, hospitals, and relevant government agencies. Lawyers representing parties with interests in the European Union will welcome this very useful guide, and academics and researchers will appreciate its comparative value as a contribution to the study of health law and medical law in the international context.
Scott L. Greer,Nick Fahy,Sarah Rosenblum,Holly Jarman,Willy Palm,Heather A. Elliot,Matthias Wismar
Author : Scott L. Greer,Nick Fahy,Sarah Rosenblum,Holly Jarman,Willy Palm,Heather A. Elliot,Matthias Wismar Publisher : WHO Regional Office for Europe Page : 0 pages File Size : 40,9 Mb Release : 2019-10-17 Category : Political Science ISBN : 9289051760
Everything you always wanted to know about European Union health policies but were afraid to ask by Scott L. Greer,Nick Fahy,Sarah Rosenblum,Holly Jarman,Willy Palm,Heather A. Elliot,Matthias Wismar Pdf
There is no European Union health system but there is an EU health policy. The EU affects the health of its citizens, the health of people around the world, and the operation and finance of its Member States' healthcare systems in many ways, mostly for the better, and often in ways that are poorly understood. This book, a completely revised second edition of our previous volume on the subject, maps out the nature of EU health policies, their logic and reason for being, and their potential to affect the health of Europeans for the better. It is written in the belief that understanding the breadth and diversity of EU health policies, and the distinctive institutional structure that explains them, will improve our collective abilities to make policy for health in any sphere, from food to healthcare services and from occupational safety to international trade. Above all, we hope that this book makes it impossible to deny the scale and often indirect and positive impact of EU health policy. EU health policies extend far beyond the Public Health Article 168, from the environmental, social policy and consumer protection policies discussed alongside it in chapter 3, to the extensive internal market laws that have made so much beneficial EU regulatory policy, discussed in chapter 4, to the ambitious fiscal governance agenda discussed in chapter 5, which has increasingly developed a health focus. Across a broad sweep of policies from RescEU's civil protection to the regulation of pharmacies, the EU is omnipresent in health and health policy. It should be understood as such. The question is not whether we want an EU health policy, for EU health policy is inevitable. It is how it should be made and for what ends.
Health Law and the European Union by Tamara K. Hervey Pdf
How does the law of the EU affect health law and policy? At first sight, it seems limited. However, despite its restricted formal competence, the EU has become increasingly involved in the health field. This book explores the impacts of measures of EU law on national health law and policy.
Health Systems Governance in Europe by Elias Mossialos Pdf
Health system governance in Europe : the role of European Union law and policy / Elias Mossialos ... [et al.] -- Health care and the EU : the law and policy patchwork / Tamara Hervey and Bart Vanhercke -- EU regulatory agencies and health protection / Govin Permanand and Ellen Vos -- The hard politics of soft law : the case of health / Scott L. Greer and Bart Vanhercke -- Public health policies / Martin McKee, Tamara Hervey and Anna Gilmore -- Fundamental rights and health care / Jean McHale -- EU competition law and public services / Tony Prosser -- EU competition law and health policy / Julia Lear, Elias Mossialos and Beatrix Karl -- Public procurement and state aid in national health care systems / Vassilis Hatzopoulos --Private health insurance and the internal market / Sarah Thomson and Elias Mossialos -- Free movement of services in the EU and health care / Wouter Gekiere, Rita Baeten and Willy Palm -- Enabling patient mobility in the EU : between free movement and coordination / Willy Palm and Irene A. Glinos -- The EU legal network on e-health / Stefaan Callens -- EU law and health professionals / Miek Peeters, Martin McKee and Sherry Merkur -- The EU pharmaceuticals market : parameters and pathways / Leigh Hancher
Johan Willem van de Gronden,Erika Szyszczak,Ulla Neergaard,Markus Krajewski
Author : Johan Willem van de Gronden,Erika Szyszczak,Ulla Neergaard,Markus Krajewski Publisher : Springer Science & Business Media Page : 511 pages File Size : 48,6 Mb Release : 2011-05-18 Category : Law ISBN : 9789067047289
Health Care and EU Law by Johan Willem van de Gronden,Erika Szyszczak,Ulla Neergaard,Markus Krajewski Pdf
The EU has only limited competence to regulate national health-care systems but recent developments have shown that health care is not immune from the effects of EU law. As Member States have increasingly experimented with new forms of funding and the delivery of health-care and social welfare services, health-care issues have not escaped scrutiny from the EU internal market and from competition and procurement rules. The market-oriented EU rules now affect these national experiments as patients and health-care providers turn to EU law to assert certain rights. The recent debates on the (draft) Directive on Patients’ Rights further underline the importance, but also the difficulty (and controversy), of allowing EU law to regulate health care. The topicality of the range of issues related to health care and EU law was addressed, in October 2009, at a conference held in Nijmegen, The Netherlands. The present volume contains inter alia the proceedings of this conference and invited essays. This volume follows the publication of The Changing Legal Framework for Services of General Interest in Europe. Between Competition and Solidarity (Krajewski M et al (eds) (2009) T.M.C. Asser Press, The Hague) and launches a new series: Legal Issues of Services of General Interest. The aim of the series is to sketch the framework for services of general interest in the EU and to explore the issues raised by developments related to these services. The book is compulsory reading for everyone who is engaged in issues relating to health care and EU law. Johan van de Gronden is Professor of European Law at the Law Faculty of the Radboud University Nijmegen, the Netherlands. Erika Szyszczak is a Jean Monnet Professor of European Law ad personam and Professor of European Competition and Labour Law at the University of Leicester, UK. Ulla Neergaard is Professor of EU law at the Law Faculty of the University of Copenhagen, Denmark. Markus Krajewski is Professor of International Public Law, Faculty of Law, University of Erlangen-Nuremberg, Germany.
EBOOK: The Politics Of European Union Health Policies by Scott Greer Pdf
"Scott Greer has done a remarkable job in explaining how the Europeanization of health policy takes place, how institutional legacies exert an influence in lobbying, how harmonization exacerbates path-dependent welfare structures that in turn impede a 'race to the bottom', and why the idea of a European social model creates positive external effects, even if it is a only an ad hoc policy construction." Journal of European Social Policy 2010 20 (2) "Provides an original and thought-provoking perspective and approach, combining in-depth theoretical discussions and well-researched case studies over 11 chapters...The book is well written and insightful, and the main argument is that EU law and policy developments - directly and indirectly - have the potential of undermining domestic health systems and the political actors within them."Journal of Common Market Studies, 2010 Volume 48. Number 3 "This book provides a unique insight into what is going on, unnoticed by most, 'below the surface' in EU health policy. It serves as a wake-up call for those who continue to believe that the EU is of marginal interest and relevance in national level debates about the direction of health care. In addition, in an engaging and lively style, it provides essential guidance for students of health policy who seek to understand the labyrinthine processes and the wide ranging unintended consequences - for good and for bad - of EU policy making." Professor Naomi Chambers, Head of Health Policy and Management, Manchester Business School “In this insightful book, Scott Greer describes how European health policy has long been developed in a secret garden, where a small number of people find pragmatic solutions to immediate problems while avoiding the fundamental questions … Yet the logic of European integration is tearing down the garden's walls, creating a public park where pragmatism takes second place to principles. Something must be done, but it is not clear what. Greer's book will be essential reading … for anyone who is responsible for organising how health care is delivered in Europe.” Martin McKee CBE, London School of Hygiene and Tropical Medicine, UK This important new book explains how European Union (EU) developed policies shape and constrain health services. It answers the key questions asked of EU health policy: What is it? Why did it happen? What does it take to influence it and how can it be changed? Using extensive new data, Greer discusses how EU policy is influenced by lobbies in Brussels and by four big member states: France, Germany, Spain and the United Kingdom. Shaping EU health policy takes information, coordination, nimbleness and focus. The book examines the ways that the successful health lobbies and member states work, identifies weaknesses, and emphasizes the challenge to health policymakers: if they do not influence EU health policies, they will lose influence over their own health systems. The Politics of European Union Health Policies will be of great interest to students and academics of EU policy and politics, as well as health policy makers.
Assuring the Quality of Health Care in the European Union by Helena Legido-Quigley Pdf
People have always travelled within Europe for work and leisure, although never before with the current intensity. Now, however, they are travelling for many other reasons, including the quest for key services such as health care. Whatever the reason for travelling, one question they ask is "If I fall ill, will the health care I receive be of a high standard?" This book examines, for the first time, the systems that have been put in place in all of the European Union's 27 Member States. The picture it paints is mixed. Some have well developed systems, setting standards based on the best available evidence, monitoring the care provided, and taking action where it falls short. Others need to overcome significant obstacles.
European Law and New Health Technologies by Mark L. Flear,Anne-Maree Farrell,Tamara K Hervey,Thérèse Murphy Pdf
New health technologies promise great things but they also pose significant challenges for governments, particularly around safety concerns, effectiveness, and value for money. This collection analyses the defining features of the relationship between EU law and new technologies, and the roles of risk, rights, ethics, and markets.
Voluntary Health Insurance in Europe: Country Experience by Sagan A.,Sarah Thomson Pdf
No two markets for voluntary health insurance (VHI) are identical. All differ in some way because they are heavily shaped by the nature and performance of publicly financed health systems and by the contexts in which they have evolved. This volume contains short structured profiles of markets for VHI in 34 countries in Europe. These are drawn from European Union member states plus Armenia Iceland Georgia Norway the Russian Federation Switzerland and Ukraine. The book is aimed at policy-makers and researchers interested in knowing more about how VHI works in practice in a wide range of contexts. Each profile written by one or more local experts identifies gaps in publicly-financed health coverage describes the role VHI plays outlines the way in which the market for VHI operates summarises public policy towards VHI including major developments over time and highlights national debates and challenges. The book is part of a study on VHI in Europe prepared jointly by the European Observatory on Health Systems and Policies and the WHO Regional Office for Europe. A companion volume provides an analytical overview of VHI markets across the 34 countries.
The Law of the European Union and the European Communities by Pieter Jan Kuijper,Fabian Amtenbrink,Deirdre Curtin,Bruno De Witte,Alison McDonnell Pdf
The Law of the European Union is a complete reference work on all aspects of the law of the European Union, including the institutional framework, the Internal Market, Economic and Monetary Union and external policy and action. Completely revised and updated, with many newly written chapters, this fifth edition of the most thorough resource in its field provides the most comprehensive and systematic account available of the law of the European Union (EU). Written by a new team of experts in their respective areas of European law, its coverage incorporates and embraces many current, controversial, and emerging issues and provides detailed attention to historical development and legislative history of EU law. Topics that are constantly debated in European legal analysis and practice are touched on in ways that are both fundamental and enlightening, including the following: .powers and functions of the EU law institutions and relationship among them; .the principles of equality, loyalty, subsidiarity, and proportionality; .free movement of persons, goods, services, and capital; .mechanisms of constitutional change – treaty revisions, accession treaties, withdrawal agreements; .budgetary principles and procedures; .State aid rules; .effect of Union law in national legal systems; .coexistence of EU, European Convention of Human Rights (ECHR), and national fundamental rights law; .migration and asylum law; .liability of Member States for damage suffered by individuals; .competition law – cartels, abuse of dominant position, merger control; .social policy, equal pay, and equal treatment; .environmental policy, consumer protection, public health, cultural policy, education, and tourism; .nature of EU citizenship, its acquisition, and loss; and .law and policy of the EU’s external relations. The fifth edition embraces many new, ongoing, and emerging European legal issues. As in the previous editions, the presentation is notable for its attention to how the law relates to economic and political realities and how the various policy areas interact with each other and with the institutional framework. The many practitioners and scholars who have relied on the predecessors of this definitive work for years will welcome this extensively revised and updated edition. Those coming to the field for the first time will instantly recognize that they are in the presence of a masterwork that can always be turned to with profit and that helps in understanding the rationale underlying any EU law provision or principle.
