Monday, October 6, 2008

[EQ] EU law and health policy in Europe

EU law and health policy in Europe

 

Julia Lear and EliasMossialos

The Health Policy Bulletin of the European Observatory on Health Systems and Policies
Volume 10, Number 3 - 2008

 

Available online PDF [12p.] at: http://www.euro.who.int/Document/OBS/EuroObserver_Autumn2008.pdf

 

“”…..Although Member States retain the primary responsibility for organization and delivery of health services under Article 152 of the EC Treaty, this policy space is still shaped by Community law and policy. The Community did not have legal authority in the field of public health until 1999, when the public health article was amended and renumbered by the Treaty of Amsterdam as the current Article 152. Treaty Article 152 defines the role of the EU as complementing national policies, sets out procedures by which the EU institutions may act in the health field, and delineates the types of measures that may be enacted, but explicitly bars the use of harmonization. Thus, the EU is limited to establishing public health programmes and incentives for preferred health policies.

 

Although the EU has no formal legal powers to enact Community health care legislation, several different policy domains influence health policy, including principally: internal market, social affairs, public health, enterprise and economic policy. This diffusion of health care governance raises several complications. Without direct authority, there is no clear hierarchy for health policy decision-making. There are also the twin problems of accountability and transparency. Without a unified body of health legislation, independent bodies attempting to monitor, analyze, and report on the effectiveness of EU health policies must assemble a diverse body of legal documents and chase after a dispersed group of officials.

 

Similarly, determining the scope of Europeans’ rights to health care requires a search through the Treaty, the European Convention on Human Rights, the European Social Charter, as well as a number of conventions governing everything from food safety to privacy to environmental protection….

 

Contents

- EU law and health policy in Europe

- Public procurement and State aids in public health care systems

- Competition law and health services

- Internal market rules and regulation of private health insurance: threat or opportunity?

- The European pharmaceutical market: An expanding tool kit?

- Cross-border services

 

The Observatory is a partnership between the WHO Regional Office for Europe, the Governments of Belgium, Finland, Greece, Norway, Spain, Slovenia and Sweden, the Veneto Region of Italy, the European Investment Bank, Open Society Institute, the London School of Economics and Political Science and the London School of Hygiene & Tropical Medicine.

 

 

 

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