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| Author | : Commission of the European Communities |
| Publisher | : |
| Total Pages | : 23 |
| Release | : 2004 |
| Genre | : |
| ISBN | : |
| Author | : H. D. C. Roscam Abbing |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 295 |
| Release | : 2005 |
| Genre | : Law |
| ISBN | : 9004148221 |
In 1997, the Council of Europe established the Convention on Human Rights and Biomedicine. It is generally regarded as an important addition to the general human rights laid down in the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950), in particular with a view to the developments in modern biology and medicine. The Biomedicine Convention, which entered into force in 2000, is a framework treaty, meaning that a number of issues have to be dealt with or will be elaborated in additional Protocols; at this moment, three such Protocols have already been opened for signature. This volume of essays, written in honour of Henriette Roscam Abbing upon her retirement as Professor of Health Law at the University of Utrecht, gives an overview of some of the most important issues raised by the Convention. In six parts, this volume discusses the basic concepts and leading principles; the provision of services; the rights of patients; research; human tissue and genetics; and the implementation of the Convention.
| Author | : Danielle Da Costa Leite Borges |
| Publisher | : Routledge |
| Total Pages | : 246 |
| Release | : 2016-07-01 |
| Genre | : Law |
| ISBN | : 1317240626 |
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.
| Author | : Laura Nistor |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 451 |
| Release | : 2011-09-15 |
| Genre | : Law |
| ISBN | : 9067048054 |
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.
| Author | : Johan Willem van de Gronden |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 511 |
| Release | : 2011-05-18 |
| Genre | : Law |
| ISBN | : 9067047287 |
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.
| Author | : Rosella Levaggi |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 253 |
| Release | : 2013-12-11 |
| Genre | : Business & Economics |
| ISBN | : 884705480X |
Patient mobility across Europe is markedly increasing and new generations will actively ask to be treated by the health-care system that best meets their needs. At a political level, the EU issued the EU Directive no. 24/2011/CE of 9th March 2011 concerning the application of patients’ rights in cross-border health care and has contributed to improving the level of freedom of choice for the European citizen, but it does not seem to have increased actual patient mobility across Europe. Freedom to choose is necessary to grant the people of Europe the same access to public-sector health-care services. The latter is a key instrument for an efficiently functioning “single market” ensuring real mobility within the EU. The aim of this book is to study the current European health care market and discuss the hypothesis of a European right of citizenship with reference to health-care services. It examines patients' mobility from several perspectives: determinants of patient mobility, governance of cross-border mobility at EU level as concerns patients and health-care professionals, policy implications, and case studies. It is intended for health researchers, decision-makers and professionals concerned with health-care provision and patient mobility. The goal is to provide, through scientific and methodological rigor, new informative tools useful for the implementation of new policies in the health-care sector in order to implement effective health-care integration in the European Union.
| Author | : Magdalene Rosenmöller |
| Publisher | : World Health Organization |
| Total Pages | : 194 |
| Release | : 2006-01-01 |
| Genre | : Europeans |
| ISBN | : 9789289022873 |
This book is an attempt to inform the debate that is already taking place between Europe's policy-makers, looking at a series of case studies that illustrate the different aspects of patient mobility within the European Union and how Europe's health systems have responded to them. Most of the case studies presented in this book have been analysed within a project funded by the European Union's Sixth Framework Programme - Europe for Patients (e4p).
| Author | : Carlisle George |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 398 |
| Release | : 2012-07-25 |
| Genre | : Law |
| ISBN | : 3642224741 |
This publication identifies and discusses important challenges affecting eHealth in the EU and North America in the three areas of law, ethics and governance. It makes meaningful contributions to the eHealth discourse by suggesting solutions and making recommendations for good practice and potential ways forward. Legal challenges discussed include issues related to electronic medical records, telemedicine, the Internet and pharmaceutical drugs, healthcare information systems and medical liability. Ethical challenges focus on telehealth and service delivery in the home, Web 2.0 and the Internet, patient perceptions and ethical frameworks. Governance challenges focus on IT governance in healthcare, governance and decision-making in acute care hospitals, and different models of eHealth governance. The publication provides useful support materials and readings for persons active in developing current understandings of the legal, ethical and governance challenges involved in the eHealth context.
| Author | : Elias Mossialos |
| Publisher | : Cambridge University Press |
| Total Pages | : 785 |
| Release | : 2010-03-25 |
| Genre | : Business & Economics |
| ISBN | : 0521761387 |
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
| Author | : Gráinne de Búrca |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 444 |
| Release | : 2006-04-26 |
| Genre | : Law |
| ISBN | : 1847310400 |
New approaches to governance have attracted significant scholarly attention in recent years. Commentators on both sides of the Atlantic have identified, charted and evaluated the rise and spread of forms of governance, forms which seem to differ from previous regulatory and legal paradigms. In Europe, the emergence of the Open Method of Coordination has provided a focal point for new governance studies. In the US, scholarship on issues such as collaborative problem-solving, democratic experimentalism, and problem-solving courts exemplify the interest in similar developments. This book covers diverse policy sectors and subjects, including the environment, education, anti-discrimination, food safety and many others. While some chapters concentrate on the operation of new governance mechanisms in a federal and multilevel context and others look at the relationship between public and private mechanisms and settings, what all the contributors share in common is the pursuit of effective mechanisms for addressing complex social problems, and the challenges they raise for our understanding of law and constitutionalism, and of legal and constitutional values.
