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EU Law and the Social Character of Health Care

EU Law and the Social Character of Health Care
Author: Elias Mossialos
Publisher: Peter Lang Publishing
Total Pages: 259
Release: 2002
Genre: Law
ISBN: 9780820446912

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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 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.


The Influence of EU Law on the Social Character of Health Care Systems in the European Union

The Influence of EU Law on the Social Character of Health Care Systems in the European Union
Author: Elias Mossialos
Publisher:
Total Pages: 132
Release: 2001
Genre:
ISBN:

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"The European Observatory on Health Care Systems supports and promotes evidence-based health policy-making through comprehensive and rigorous analysis of the dynamics of health care systems in Europe. The Observatory is a partnership between WHO Regional office for Europe, The Governments of Greece, Norway and Spain, The European Investment Bank, Open Society Institute, World Bank, London School Of Economics and London School of Hygiene & Tropical Medicine."--Web homepage 21-02-2002.


EU Law and the Social Character of Health Care

EU Law and the Social Character of Health Care
Author: Elias Mossialos
Publisher: P.I.E-Peter Lang S.A., Editions Scientifiques Internationales
Total Pages: 280
Release: 2002
Genre: Europe
ISBN:

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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 Care and EU Law

Health Care and EU Law
Author: Johan Willem van de Gronden
Publisher: Springer Science & Business Media
Total Pages: 511
Release: 2011-05-18
Genre: Law
ISBN: 9067047287

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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.


Health Law and the European Union

Health Law and the European Union
Author: Tamara K. Hervey
Publisher: Cambridge University Press
Total Pages: 541
Release: 2004-11-04
Genre: Law
ISBN: 1139455354

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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.


EU Health Systems and Distributive Justice

EU Health Systems and Distributive Justice
Author: Danielle Da Costa Leite Borges
Publisher: Routledge
Total Pages: 244
Release: 2016-07-01
Genre: Law
ISBN: 1317240634

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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.


European Union Health Law

European Union Health Law
Author: Tamara K. Hervey
Publisher: Cambridge University Press
Total Pages: 749
Release: 2015-11-12
Genre: Law
ISBN: 1107010497

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


The Impact of EU Law on Health Care Systems

The Impact of EU Law on Health Care Systems
Author: Martin McKee
Publisher: P.I.E-Peter Lang S.A., Editions Scientifiques Internationales
Total Pages: 0
Release: 2002
Genre: Europe
ISBN: 9789052011066

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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.


Public Services and the European Union

Public Services and the European Union
Author: Laura Nistor
Publisher: Springer Science & Business Media
Total Pages: 451
Release: 2011-09-15
Genre: Law
ISBN: 9067048054

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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.