The history and scope of EU health law and policy

Mary Guy, Wolf Sauter

    Research output: Working paperDiscussion paperOther research output

    Abstract

    This paper looks at the origins and limits of EU health law and policy. The main questions asked are whether EU health law is expanding and how; whether it operates within fixed limits; and whether healthcare is a special case in EU integration. Special attention is paid to the emergence of a specific legal basis in Article 168 TFEU alongside the general internal market provisions of the EU, and its sector-specific subsidiarity provision which suggests healthcare was at least intended to be a special case: a policy largely reserved to the national level. In practice however the EU competence in this field is expanding not only as a matter of negative integration (striking down conflicting national rules to promote the internal market), but also in terms of cooperation between the Member States. Finally the recent impact of general financial curbs on the welfare State (such as are imposed in the context of the European semester) show that in spite of national efforts to retain control over healthcare, such control is in fact steadily eroded. The result is less the emergence of a unified EU policy than a complex system of partial overlapping national and EU competences that may come both come into conflict and complement each other.
    Original languageEnglish
    Number of pages32
    Publication statusPublished - 18 Jan 2016

    Publication series

    NameTILEC Discussion Paper
    Volume2016-002

    Fingerprint

    health law
    European Law
    health policy
    EU
    history
    subsidiarity
    legal basis
    EU policy
    market
    welfare state
    semester

    Keywords

    • healthcare
    • public health
    • subsidiarity
    • European integration
    • governance

    Cite this

    Guy, M., & Sauter, W. (2016). The history and scope of EU health law and policy. (TILEC Discussion Paper; Vol. 2016-002).
    Guy, Mary ; Sauter, Wolf. / The history and scope of EU health law and policy. 2016. (TILEC Discussion Paper).
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    Guy, M & Sauter, W 2016 'The history and scope of EU health law and policy' TILEC Discussion Paper, vol. 2016-002.

    The history and scope of EU health law and policy. / Guy, Mary; Sauter, Wolf.

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    Research output: Working paperDiscussion paperOther research output

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    Guy M, Sauter W. The history and scope of EU health law and policy. 2016 Jan 18. (TILEC Discussion Paper).