EU Health Law & Policy: The Expansion of EU Power in Public Health and Health Care (Oxford Studies in European Law)

This book describes the expansion of EU power in health care and public health and analyses the implications of this expansion on EU health values and rights. The main conclusion of the book is that the EU is de facto balancing fundamental rights and values relating to health, __implicitly__ taking on obligations for safeguarding fundamental rights in the field of health and affecting individuals’ rights sometimes without an __explicit__ legal competence to do so. This brings to light instances where EU health policy has implications for fundamental rights and values without the possibility to challenge the exercise of power of the EU in human health. This begs the question of whether subsidiarity is still the most relevant legal principle for the division of powers and tasks among the Member States, particularly when EU policy and law involves the politically sensitive areas of health care and public health. This question draws out the parameter for continuing the debate on the role of the European Union in promoting its own values and the wellbeing of its peoples, in light of its ever-growing role in human health issues. 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? Series Editors’ Preface Acknowledgements Contents Table of Cases Table of Legislation List of Abbreviations List of Respondents 1. The Silent Revolution in EU Health Law and Policy 2. European Union Rights and Values in Human Health 3. EU ‘Public Health’ and ‘Health- care’ Law and Policy 4. Institutional Build- up of EU Health Actors 5. EU Public Health: Countermeasures to Swine Flu 6. EU Health Care: Access to Medical Care 7. The EU Constitutional Constraints on the Intrinsic Relationship of Values, Rights, and Human Health Bibliography Index This book outlines how the expansion of EU power is taking place through law and policy, in public health and health care. How is EU 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? This work outlines how the expansion of EU power is taking place through law and policy, in public health and health care. How is EU 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? Anniek De Ruijter. Includes Bibliographical References (pages [193]-206) And Index.