The Impact Of Eu Law On Health Care Systems

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The Impact of EU Law on Health Care Systems

Martin McKee
The Impact of EU Law on Health Care Systems Book PDF

Author : Martin McKee
Publisher : P.I.E-Peter Lang S.A., Editions Scientifiques Internationales
Page : 0 pages
File Size : 42,8 Mb
Release : 2002
Category : Europe
ISBN : 9052011060

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The Impact of EU Law on Health Care Systems by Martin McKee Pdf

The expanding scope of European law in areas that impinge on health care, coupled with a greater awareness by individuals and organisations within the European Union of the rights that this confers on them, has created new tensions. It throws into relief the challenge of ensuring that progress in developing an internal market enhances rather than undermines consumer safety and social protection. Resolving this challenge has become more important as the social dimension of what was first conceived as primarily an economic union has become more prominent. In December 2001 the Belgian presidency of the European Union convened a conference in Ghent on the implications of European law for the social nature of health care. Two complementary books emerged from this process. This volume provides an in-depth analysis of some of the most important issues facing health policy makers in Europe. Leading commentators present a range of perspectives from the legal profession on the current situation and prospects for the future, providing a detailed map of the often-labyrinthine body of European law and how it impacts on health care.

Health Care and EU Law

Johan Willem van de Gronden,Erika Szyszczak,Ulla Neergaard,Markus Krajewski
Health Care and EU Law Book PDF

Author : Johan Willem van de Gronden,Erika Szyszczak,Ulla Neergaard,Markus Krajewski
Publisher : Springer Science & Business Media
Page : 511 pages
File Size : 53,8 Mb
Release : 2011-05-18
Category : Law
ISBN : 9789067047289

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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.

Public Services and the European Union

Laura Nistor
Public Services and the European Union Book PDF

Author : Laura Nistor
Publisher : Springer Science & Business Media
Page : 451 pages
File Size : 48,8 Mb
Release : 2011-09-15
Category : Law
ISBN : 9789067048057

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Public Services and the European Union by Laura Nistor Pdf

Politically sensitive and economically important, welfare services such as health care, health insurance and education have opened up a heated debate in the EU. The application of EU law to welfare services raises discontent from the part of the Member States who perceive their systems to be under threat. Resisting to the application of the EU law is sometimes seen as part of protecting those values. This book suggests that this resistance is largely unjustified. EU law is not damaging to welfare systems, but it provides adequate balancing mechanisms to ensure that all interests are protected. The approach taken in analysing the impact of EU law on welfare services is to look at the negative integration process and answer the questions related to the extent to which EU law applies to welfare services and the kinds of safeguards the Court offers for these services. The proportionality principle distinguishes itself as the central element in balancing national and Community interests. Being part of the broader integration process, negative harmonization creates legislative lacunae, and therefore, this book also looks at alternative solutions to the negative harmonization process, namely positive and soft law.

European Union Health Law

Herman Nys
European Union Health Law Book PDF

Author : Herman Nys
Publisher : Kluwer Law International B.V.
Page : 380 pages
File Size : 55,9 Mb
Release : 2022-10-20
Category : Law
ISBN : 9789403548746

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European Union Health Law by Herman Nys Pdf

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.

EU Health Systems and Distributive Justice

Danielle Da Costa Leite Borges
EU Health Systems and Distributive Justice Book PDF

Author : Danielle Da Costa Leite Borges
Publisher : Routledge
Page : 246 pages
File Size : 48,7 Mb
Release : 2016-07-01
Category : Law
ISBN : 9781317240624

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EU Health Systems and Distributive Justice by Danielle Da Costa Leite Borges Pdf

EU Health Systems and Distributive Justice uses theories of distributive justice to examine tensions created by the application of the Internal Market rules to the provision of health care services within the European Union. Using the concepts and principles embedded in the theories of egalitarianism and libertarianism, this book analyses the impact of the Internal Market rules on common values and principles shared by European health systems, such as universality, accessibility, equity and solidarity. This analysis is conducted using the specific issue of cross-border health care. This book makes innovative contributions to the study of the relationship between EU health systems and the Internal Market – it encompasses the analysis of all principles recognised by EU institutions as guiding principles of European health systems; it integrates human rights law and practice into the discussion of the EU Court of Justice’s approach to patient mobility cases; and it assesses the potential impact of the Internal Market over EU health systems through the lens of distributive justice, looking at the underlying principles of these systems that are mostly concerned with social justice. Ultimately, this is not a book on EU law and health care, but it is a book on distributive justice, health care and the principles and policies guiding European health systems.

Health Systems Governance in Europe

Elias Mossialos
Health Systems Governance in Europe Book PDF

Author : Elias Mossialos
Publisher : Cambridge University Press
Page : 785 pages
File Size : 49,7 Mb
Release : 2010-03-25
Category : Business & Economics
ISBN : 9780521761383

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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

European Union Health Law

Tamara K. Hervey,Jean V. McHale
European Union Health Law Book PDF

Author : Tamara K. Hervey,Jean V. McHale
Publisher : Cambridge University Press
Page : 749 pages
File Size : 43,5 Mb
Release : 2015-11-12
Category : Law
ISBN : 9781107010499

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European Union Health Law by Tamara K. Hervey,Jean V. McHale Pdf

The first holistic and thematic study of EU health law, and its implications, through its own internal logics.

EU Law and the Social Character of Health Care

Elias Mossialos,Martin McKee
EU Law and the Social Character of Health Care Book PDF

Author : Elias Mossialos,Martin McKee
Publisher : P.I.E-Peter Lang S.A., Editions Scientifiques Internationales
Page : 280 pages
File Size : 53,5 Mb
Release : 2002
Category : Europe
ISBN : STANFORD:36105063273994

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EU Law and the Social Character of Health Care by Elias Mossialos,Martin McKee Pdf

European law is an increasingly important factor in the development and implementation of national and local health policy. Yet for many it remains shrouded in mystery. The situation with regard to laws impacting on health care is especially problematic as, typically, consequences arise from policies designed primarily to address problems in other sectors, which then establish general principles whose applicability to health care only becomes apparent once interpreted by rulings of the European Court of Justice. This book, written with the health and social policy community in mind, provides a comprehensive assessment of the main implications of EU law in certain key areas of health care.

Health Law and the European Union

Tamara K. Hervey,Jean V. McHale
Health Law and the European Union Book PDF

Author : Tamara K. Hervey,Jean V. McHale
Publisher : Cambridge University Press
Page : 541 pages
File Size : 54,5 Mb
Release : 2004-11-04
Category : Law
ISBN : 9781139455350

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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.

Assuring the Quality of Health Care in the European Union

Helena Legido-Quigley
Assuring the Quality of Health Care in the European Union Book PDF

Author : Helena Legido-Quigley
Publisher : World Health Organization
Page : 242 pages
File Size : 42,6 Mb
Release : 2008
Category : Medical
ISBN : 9789289071932

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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.

EU Competition and Internal Market Law in the Healthcare Sector

Leigh Hancher
EU Competition and Internal Market Law in the Healthcare Sector Book PDF

Author : Leigh Hancher
Publisher : Unknown
Page : 904 pages
File Size : 49,5 Mb
Release : 2012
Category : Electronic
ISBN : 0191642797

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EU Competition and Internal Market Law in the Healthcare Sector by Leigh Hancher Pdf

This work gives an overview of the impact of EU competition rules and internal market law on healthcare systems in Europe. Alongside a thorough discussion of healthcare provision and the medical professions, the book covers health insurance, pharmaceuticals, and medical devices. There is an examination of the impact of the four freedoms, the cartel and abuse of dominance prohibitions and merger control, as well as the rules on state aid and public procurement. The book also considers horizontal measures as they affect healthcare. Written by experts, this is an ideal tool for those requiring an.

EU Health Law & Policy

Anniek de Ruijter
EU Health Law Policy Book PDF

Author : Anniek de Ruijter
Publisher : Oxford University Press
Page : 248 pages
File Size : 51,7 Mb
Release : 2019-01-24
Category : Law
ISBN : 9780191092152

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EU Health Law & Policy by Anniek de Ruijter Pdf

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?

EU Law and Healthcare Services

Kyriaki-Korina Raptopoulou
EU Law and Healthcare Services Book PDF

Author : Kyriaki-Korina Raptopoulou
Publisher : Unknown
Page : 0 pages
File Size : 41,8 Mb
Release : 2015
Category : Europe
ISBN : 9041150137

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EU Law and Healthcare Services by Kyriaki-Korina Raptopoulou Pdf

Based on author's thesis (Ph. D.)--King's College, London, 2012.

The European Union and Health Services

Reinhard Busse,Matthias Wismar,Philip C. Berman
The European Union and Health Services Book PDF

Author : Reinhard Busse,Matthias Wismar,Philip C. Berman
Publisher : IOS Press
Page : 292 pages
File Size : 42,8 Mb
Release : 2002
Category : Europe
ISBN : 1586032097

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The European Union and Health Services by Reinhard Busse,Matthias Wismar,Philip C. Berman Pdf

While most Member States Governments have assumed that they have full responsibility and control over their own health services it is becoming increasingly apparent that the Single European Market is having a substantial impact on health services. Recent rulings by the European Court of Justice (ECJ) have, in particular, established the freedom of citizens to choose health care goods and services across borders. To examine the actual relationship between the SEM and health services, this book: - identifies SEM regulations and directives as well as ECJ decisions which explicitly refer to health services and which therefore have a potential impact on the purchasing, supply and delivery of health services, - evaluates the impact of SEM regulations and ECJ decisions on the purchasing, supply and delivery of health services, - identifies outcomes, including both intended and unintended effects, of the SEM on Member States' health services and - develops future scenarios exploring key issues identified in the earlier analysis and evaluation.

Everything you always wanted to know about European Union health policies but were afraid to ask

Scott L. Greer,Nick Fahy,Sarah Rosenblum,Holly Jarman,Willy Palm,Heather A. Elliot,Matthias Wismar
Everything you always wanted to know about European Union health policies but were afraid to ask Book PDF

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 : 51,6 Mb
Release : 2019-10-17
Category : Political Science
ISBN : 9289051760

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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.