Health Law and the European Union

Abstract

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.

The impact of the treaty basis on health policy legislation in the European Union: A case study on the tobacco advertising directive

“…Whereas the Court departed from this generous construction of article 100a as the legal basis in its ruling on Directive 98/43/EC [38], it ruled that the article was the valid legal basis for Directive 2003/33/EC.…”

Health Care and EU Law

“…16 [emphasis added] The provision (in its earlier formulation) may (according to Hervey and McHale) be viewed as an explicit statement on the application of the principle of subsidiarity in the health field. 17 See further Hervey and McHale (2004), Chapter 3. between Member States and the EU in the area of the regulation of health care. 16 The predecessor in the Treaty of Nice 2000 was Article 152(5) EC where it was stated that: 'Community action in the field of public health shall fully respect the responsibilities of the Member States for the organisation and delivery of health services and medical care.…”

“…107 They may be provided at the municipal, regional, or state level. 107 As explained by Hervey and McHale (2004), p. 125, national public health care systems in the EU may be seen as falling into two main categories: (1) social insurance systems and (2) national health services. 'Belongingness' to the society is the main criterion to have the right to access of the services in question.…”

The role of law in the control of obesity in England: looking at the contribution of law to a healthy food culture

“…EU states are bound to implement European Directives. While the EU has not been particularly active in the field of public health as such, it has been active in prescribing regulation of the content and source of food products, and has legislated on issues such as the physical environment and the free movement of goods and health personnel within Europe, all of which might have implications for obesity [22]. EU regulation has worked both for and against public health.…”