Health Law and the European Union

Explores the various impacts of measures of EU law on national health law and policy.

Tamara K. Hervey (Author), Jean V. McHale (Author)

9780521605243, Cambridge University Press

Paperback, published 4 November 2004

540 pages
22.7 x 15.3 x 3.4 cm, 0.846 kg

How does the law of the European Union affect health law and policy? At first sight, it seems limited. However, despite its restricted formal competence, the EU has recently become increasingly involved in the health field. Litigation based on EU law has resulted in a 'right to receive health care services' across national boundaries which may have huge practical implications for national health systems. The EU has promulgated legislation regulating clinical research, and the marketing of pharmaceuticals; patients' rights are affected by EU legislation on data protection and product liability; the qualifications of health care professionals are legally recognised across the EU; and the EU has acted to promote public health. This book explores the various impacts of measures of EU law on national health law and policy. Through elaboration of selected examples, the authors show that, within the EU, health law cannot be regarded as a purely national affair.

1. Introduction
2. Historical, legal and institutional contexts
3. Community competence in the field of health
4. Access to health care services
5. Data protection and health information policy
6. Regulation of health care professionals
7. The regulation of clinical research
8. Regulating pharmaceuticals: risk, choice and compensation
9. Public Health law
10. Conclusions and future prospects.

Subject Areas: Medicolegal issues [MBQ], Public health & safety law [LNTJ], Laws of Specific jurisdictions [LN], Comparative law [LAM]