European Union health law : themes and implications / Tamara K. Hervey and Jean V. McHale.
2015
KJE6172 .H47 2015 (Map It)
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Details
Author
Title
European Union health law : themes and implications / Tamara K. Hervey and Jean V. McHale.
Published
Cambridge, United Kingdom : Cambridge University Press, 2015.
Call Number
KJE6172 .H47 2015
ISBN
9781107010499 (hardback)
1107010497 (hardback)
1107010497 (hardback)
Description
lxviii, 679 pages ; 27 cm.
System Control No.
(OCoLC)900869848
Summary
"A contextual analysis of the internal logics of EU health law through four themes: consumerism; (human) rights; interactions between equality, solidarity and competition; and risk. Leading authors in the emergent field explain the interactions and implications of EU health law through thematic reinterpretation of the law in context in key substantive areas, such as the regulation of health research, access of patients to high quality care, health care professional regulation, organisation and funding of health care services, and public health. This book offers a fresh perspective and thorough understanding of EU health law through individual and collective or systemic perspectives, and covers health law both within the EU and globally. Essential reading for anyone interested in health law in any EU Member State or in global health law"-- Provided by publisher.
"A contextual analysis of the internal logics of EU health law through four themes: consumerism; (human) rights; interactions between equality, solidarity and competition; and risk. Leading authors in the emergent field explain the interactions and implications of EU health law through thematic re-interpretation of the law in context in key substantive areas, such as the regulation of health research, access of patients to high quality care, health care professional regulation, organisation and funding of health care services, and public health. This book offers a fresh perspective and thorough understanding of EU health law through individual and collective or systemic perspectives, and covers health law both within the EU and globally. Essential reading for anyone interested in health law in any EU Member State, or in global health law"-- Provided by publisher.
"A contextual analysis of the internal logics of EU health law through four themes: consumerism; (human) rights; interactions between equality, solidarity and competition; and risk. Leading authors in the emergent field explain the interactions and implications of EU health law through thematic re-interpretation of the law in context in key substantive areas, such as the regulation of health research, access of patients to high quality care, health care professional regulation, organisation and funding of health care services, and public health. This book offers a fresh perspective and thorough understanding of EU health law through individual and collective or systemic perspectives, and covers health law both within the EU and globally. Essential reading for anyone interested in health law in any EU Member State, or in global health law"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references (pages 559-639) and index.
Series
Record Appears in
Added Author
Table of Contents
Acknowledgements
xiv
Table of cases
xv
Table of instruments and legislation
xxxviii
pt. I
Introduction
1
1.
Introduction
3
2.
What is health law?
10
Introduction
10
What is health?
11
origins of `health law'
13
matter of ethics?
17
What do we mean by `health law'?
19
Conclusions
28
3.
What is European Union health law?
30
Introduction
30
History of EU health law
30
Sources of EU health law
53
Mainstreaming: `health in all policies'
60
How is EU health law made?
63
Conclusions
69
pt. II
EU internal health law: the individual focus
71
Introduction
71
4.
Consumerism: the moving patient
73
Introduction
73
Moving patients as recipients of services in EU law
75
Restrictions on freedom to receive services and the interface with social security coordination
76
Countervailing elements of EU law
83
Conclusions
96
5.
Consumerism: the moving health care product or service
98
Introduction
98
Cross-border health care products or services: applicable law
100
Litigation brought by private individuals
105
Litigation brought by the European Commission and by legal persons
108
Conclusions
124
6.
Consumerism: the moving health care professional
127
Introduction
127
Health professionals: applicable law
132
Assessment of EU health law on health professionals
142
Conclusions
154
7.
Rights: health rights as human rights
156
Introduction
156
development of health rights as human rights in EU law
160
implications of increased significance of health rights as human rights in EU law
169
Conclusions
182
8.
Rights: mobile patients' rights as human rights
184
Introduction
184
Patients' rights in international and comparative contexts
185
Coordination of social security entitlements
189
Free movement of services
194
Coordination of social security entitlements combined with free movement of services
199
right to access healthcare and EU citizenship
202
Conclusions
206
Contents
pt. III
EU internal health law: the systemic focus
211
Introduction
211
Health systems within the EU in the twenty-first century: key similarities
213
Health systems within the EU in the twenty-first century: key differences
218
Conclusions
226
9.
Competition, solidarity, equality: health insurance
227
Introduction
227
EU competition law and freedom to trade
229
Health insurance
235
(Interim) conclusions
243
10.
Competition, solidarity, equality: health institutions and professions
247
Introduction
247
Health institutions and professions
247
(Interim) conclusions
265
11.
Competition, solidarity, equality: the pharmaceuticals, medical devices and medical equipment industries
269
Introduction
269
Markets for pharmaceuticals, devices and equipment
270
Challenging pricing and promoting generic competition
278
Industry challenges to pricing
281
Scrutiny of the structure of the industry and relations with health professionals
285
Conclusions
288
12.
Risk: clinical trials
292
Introduction
292
EU health law, risk and precaution
295
EU health law on clinical trials
301
Conclusions
320
13.
Risk: health system products - pharmaceuticals
322
Introduction
322
EU pharmaceuticals law
324
Conclusions
347
14.
Risk: health system products (human blood, tissue and cells, organs) and medical devices
348
Introduction
348
EU law on human materials
349
EU law on medical devices
366
Compensation for harm
379
Conclusions
384
15.
Risk: tobacco, food, alcohol
387
Introduction
387
Tobacco
390
Food
403
Alcohol
418
Conclusions (tobacco, food, alcohol)
423
Conclusions (risks)
424
pt. IV
EU external health law
433
Introduction
433
Health as a global concern
437
EU in global health law
443
16.
global context: institutions and instruments
445
Introduction
445
Contexts: international organizations
447
Contexts: health in EU trade law
457
Contexts: health in EU development law
463
Conclusions
469
17.
global context: consumerism, rights, justice and equality; human organs and access to essential medicines
472
Introduction
472
global market in human organs
472
Access to essential medicines
483
Conclusions
501
18.
global context: opportunities and threats; health knowledge, communicable diseases, global food and tobacco law
503
Introduction
503
Opportunities: global health markets and health knowledge in the global economy
504
Threats: communicable diseases law
508
Threats: global food and tobacco law
522
Conclusions
530
pt. V
Conclusions
533
19.
Conclusions
535
cartography of EU health law
535
Themes and perspectives
536
story so far, and the future
548
Appendix: 40 Questions answered
551
Bibliography
559
Index
640