EU Health Law & Policy

Höfundur: Anniek de Ruijter (Útgáfa: 0)
EU Health Law & Policy

Kaup valmöguleikar

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?.

Nánar um bókina

Útgefandi
Oxford University Press Academic UK
ISBN
9780191092169
Print ISBN
9780198788096
Format
ePub
Útgáfa
0
Höfundar
Anniek de Ruijter
Tungumál
English
Útgefið
2019-01-31
Prent takmörkun á líftíma
100
Prent takmörkun
2
Afritunar takmörkun
2

Kaflar

  • Title Page
  • Copyright Page
  • Contents
  • Table of Cases
  • Table of Legislation
  • List of Abbreviations
  • List of Respondents
  • 1. The Silent Revolution in EU Health Law and Policy
  • 1. Human Health, Values, Rights, and the European Union
  • 2. The Expanding Power of the EU in Human Health
  • 2.1 Limited legislative power …
  • 2.2 … but ever-growing policymaking authority
  • 3. Health Law: Rights and Functions
  • 4. The Structure of the Book and Methodology of the Research
  • 4.1 Legal framework for analysis: fundamental rights beyond justiciability
  • 4.2 Case studies: public health and health care
  • 4.2.1 Public health: communicable disease outbreak
  • 4.2.2 Health care: access to medical care
  • 4.3 Data sources: beyond law
  • 5. Balancing Subsidiarity and Fundamental Rights
  • 2. European Union Rights and Values in Human Health
  • 1. Legitimizing the Use of Power in Human Health Policy and Law
  • 1.1 Reciprocity of fundamental rights and health law and policy
  • 2. From ‘Generations’ towards the ‘Indivisibility’ of Rights in Human Health
  • 2.1 First-generation rights and health policy
  • 2.2 Second-generation rights and health policy
  • 2.3 Third-generation rights and health policy
  • 2.4 Towards indivisibility
  • 3. The EU’s Fundamental Rights Framework in Human Health
  • 3.1 The scope of application of fundamental rights to EU health policy
  • 3.2 The Charter and the European Convention on Human Rights
  • 3.3 Scope of application of fundamental rights
  • 3.3.1 Invoking fundamental rights against EU institutional actors
  • 3.3.2 Invoking EU fundamental rights against Member States
  • 3.3.3 Application of fundamental rights without a Union law obligation
  • 3.4 Applicability of other fundamental rights instruments to EU health policy
  • 4. EU Fundamental Rights in Public Health and Health Care
  • 4.1 The first branch: right to health in health care and public health
  • 4.1.1 The right to health: public health
  • 4.1.2 The right to health: access to health care
  • 4.2 The second branch: individual (patients’) rights
  • 4.2.1 Informed consent in public health and health care
  • 4.2.2 Privacy and confidentiality in public health and health care
  • 5. Fundamental Rights: Beyond a Legal Framework
  • 3. EU ‘Public Health’ and ‘Health-care’ Law and Policy
  • 1. Human ‘Health’ in the EU
  • 1.1 Legal sources defining health in the EU
  • 1.2 Beyond a biomedical concept
  • 1.3 Differentiating EU ‘public health’ and ‘individual health (care)’
  • 2. EU Power: Policy and Law in Human Health
  • 2.1 Human health as part of the EU regulatory state
  • 2.2 Authority: policymaking and power
  • 2.3 Differentiating EU ‘health-care’ and ‘public health’ policy
  • 3. EU Public Health Policy and Law
  • 3.1 Public health in the Common Agricultural Policy
  • 3.2 EU public health to promote the free movement of goods
  • 3.3 Mutual recognition
  • 3.4 Tensions between internal market and public health objectives
  • 3.4.1 HIV/AIDS programme and blood products
  • 3.4.2 Constitutional tensions over tobacco advertising
  • 3.5 Treaty bases for public health: reconciling different objectives
  • 3.6 Redistributing through public health programmes
  • 3.7 The Treaty gives and the Treaty takes: legislative basis
  • 4. EU Health-care Policy and Law
  • 4.1 Cross-border health care: angry letters and private litigation
  • 4.1.1 Medical tourism or medical need?
  • 4.1.2 Health professionals and health services in Union law
  • 4.1.3 Special consideration for health care in competition and procurement law
  • 4.1.4 EU involvement through ‘soft’ governance tools
  • 4.1.5 Pressures and constraints for EU health-care policy
  • 4.2 Overlapping EU public health and health-care policy
  • 4.2.1 Divides in EU health policy
  • 5. EU Power in Health Law and Policy
  • 4. Institutional Build-up of EU Health Actors
  • 1. Expanding EU Institutional Power
  • 2. Health Policy in the European Commission
  • 2.1 The early days
  • 2.1.1 Euratom 1958: occupational public health
  • 2.1.2 EEC Treaty 1958: free movement of workers
  • 2.2 Fragmentation of health policy in the Commission
  • 2.2.1 1967 Merger Treaty: health in the CAP
  • 2.3 DG SANTE: the EU department for health
  • 2.4 The role of the European Commission in human health
  • 3. Health Policy in the European Parliament
  • 3.1 The early days: health policy across parliamentary committees
  • 3.2 The ENVI Committee: expanding power
  • 3.3 The role of the European Parliament
  • 4. Health Policy in the Council of the European Union
  • 4.1 At the level of ministers: the EPSCO Council
  • 4.2 Lower-level Member State representatives for health in the Council
  • 4.2.1 The Council Working Party on Public Health
  • 4.2.2 The Working Party on Public Health at senior level
  • 4.3 The role of the Council
  • 5. Health Policy in Committees, Expert Groups, and Fora
  • 5.1 Independent scientific committees
  • 5.2 Committees and groups with a political role, and private interests lobby
  • 5.3 Lower-level legislation through committees in health
  • 5.4 The role of committees and experts in EU health policy
  • 6. Health Policy in European Agencies
  • 6.1 Agencies for health policy
  • 6.2 The role of EU agencies
  • 7. Growing Institutional Capacity to Make EU Health Policy and Law
  • 5. EU Public Health: Countermeasures to Swine Flu
  • 1. The 2009 Outbreak of Swine Flu and the EU Response
  • 1.1 The role of EU institutional actors
  • 1.2 Commission services’ role in early warning and response
  • 1.3 The network committee for communicable diseases
  • 1.3.1 Other instruments for response: surveillance and Rapid Response Systems (RAS)
  • 1.4 The Health Security Committee
  • 1.5 Ad hoc policy coordination in the Council: friends of the presidency
  • 1.6 The agencies: the ECDC and the EMA
  • 2. EU Countermeasures to Swine Flu
  • 2.1 Market authorization of vaccines and antivirals, and defining priority groups for vaccination
  • 2.1.1 Defining priority groups for vaccination
  • 2.2 Information exchange, contact tracing, and passenger screening
  • 2.3 School closures, delaying strategies, and information to the public
  • 2.4 The role of the EU in taking countermeasures to the swine flu outbreak
  • 3. Expanding EU Health Policymaking: Linking Practices to Law
  • 3.1 Linking the Health Security Committee with the EWRS Committee
  • 3.2 Ad hoc policymaking as bedrock for law
  • 4. The Impact of EU Public Health Policy on Fundamental Rights and Values
  • 4.1 Individual rights
  • 4.1.1 Market authorization of vaccines and defining priority groups for vaccination
  • 4.1.2 Information exchange, contact tracing, and passenger screening
  • 4.2 The right to health
  • 4.2.1 Market authorization of vaccines and defining priority groups for vaccination
  • 4.2.2 Information exchange, contact tracing, and passenger screening
  • 4.2.3 School closures, delaying strategies, and information to the public
  • 5. The Impact of Intertwining Informal Coordination and Formal Law
  • 6. EU Health Care: Access to Medical Care
  • 1. Access to Cross-border Health Care before and after the Directive
  • 1.1 Access to health care before the adoption of the Directive
  • 1.1.1 Planned care: prior authorization
  • 1.2 Access to cross-border health care on the basis of the free movement principles
  • 1.3 Access to health care after the adoption of the Directive
  • 1.3.1 Two schemes for access to cross-border health care: what difference?
  • 1.3.2 Implementation and delegation: possibilities for expanding the EU’s role in health care
  • 1.4 Cross-border health care: a hot-button issue
  • 2. The Adoption of the Directive: Creating a Policy Discourse on Values and Rights
  • 2.1 The first evolutionary stage: DG MARKT
  • 2.2 The second evolutionary stage: DG SANTE—taking a ‘health values and rights’ approach
  • 2.3 The third evolutionary stage: the ‘Council proposal’—bringing in the Member States
  • 2.4 Opposing values: market versus health
  • 2.5 The paradoxical expansion of power through limits and circumscriptions
  • 3. A Thousand Stones and You Have a Wall: Health Policy and Law beyond the Market
  • 3.1 Institutionalizing the policy discourse
  • 3.2 From a policy debate on health values to law
  • 4. Access to Medical Care in the EU: Impact on Values and Rights
  • 4.1 The right to health: the quality and safety of health care in the Directive
  • 4.2 The right to health: prior authorization in the Directive
  • 4.3 The impact of EU health policy on individual rights
  • 4.4 Individual rights: informed consent in the Directive
  • 4.5 Individual rights: the right to privacy and data protection
  • 5. The Impact of the Struggle over Policy Frames: The Market, Health, Values, and Rights
  • 7. The EU Constitutional Constraints on the Intrinsic Relationship of Values, Rights, and Human Health
  • 1. The Juxtaposition: Health Law and the EU Internal Market
  • 2. Silent Revolution: Implicit Fundamental Rights and Value Implications
  • 2.1 Vertical implications: between the EU and the Member States
  • 2.1.1 Health care
  • 2.1.2 Public health
  • 2.2 Horizontal implications: between (institutionally defined) policy domains
  • 2.2.1 Health care
  • 2.2.2 Public health
  • 3. Depoliticization as a Constitutional Constraint on Human Health Regulation
  • 3.1 Limiting values, rights, and welfare perspectives
  • 3.2 The legitimating function of human health considerations, without constitutional protection
  • 4. Common Values and Rights in EU Human Health Policy and Law?
  • 4.1 The relationship between values and fundamental rights in health
  • 4.2 EU health values
  • 5. EU Powers in Public Health and Health Care into the Future
  • Bibliography
  • Index