The EU has only limited competence to regulate national health-care systems but recent developments have shown that health care is not immune from the effects of EU law. As Member States have increasingly experimented with new forms of funding and the delivery of health-care and social welfare services, health-care issues have not escaped scrutiny from the EU internal market and from competition and procurement rules. The market-oriented EU rules now affect these national experiments as patients and health-care providers turn to EU law to assert certain rights. The recent debates on the (draft) Directive on Patients’ Rights further underline the importance, but also the difficulty (and controversy), of allowing EU law to regulate health care.
The topicality of the range of issues related to health care and EU law was addressed, in October 2009, at a conference held in Nijmegen, The Netherlands. The present volume contains inter alia the proceedings of this conference and invited essays. This volume follows the publication of The Changing Legal Framework for Services of General Interest in Europe. Between Competition and Solidarity (Krajewski M et al (eds) (2009) T.M.C. Asser Press, The Hague) and launches a new series: Legal Issues of Services of General Interest. The aim of the series is to sketch the framework for services of general interest in the EU and to explore the issues raised by developments related to these services.
The book is compulsory reading for everyone who is engaged in issues relating to health care and EU law.
Johan van de Gronden is Professor of European Law at the Law Faculty of the Radboud University Nijmegen, the Netherlands.
Erika Szyszczak is a Jean Monnet Professor of European Law ad personam and Professor of European Competition and Labour Law at the University of Leicester, UK.
Ulla Neergaard is Professor of EU law at the Law Faculty of the University of Copenhagen, Denmark.
Markus Krajewski is Professor of International Public Law, Faculty of Law, University of Erlangen-Nuremberg, Germany.
Зміст
Introduction
Part I: Foundations
EU Health Care Law in a Constitutional Light: Distribution of Competences, Notions of ‘Solidarity’, and ‘Social Europe’
Discrimination and Beyond
Part II: The (Draft) Patients’ Rights Directive and Internal Market Issues
The Case Law of the European Court of Justice on the Mobility of Patients: A Defence
Patients’ Rights: A Lost Cause or Missed Opportunity?
The Draft Patient Mobility Directive and the Co-ordination Regulations of Social Security
Cooperation between Health Care Authorities in the Proposed Directive on Patients’ Rights in Cross-border Health Care
Legislating For Patients’ Rights
Disrupting the Community – Saving Public Health Ethics from the EU Internal Market
Health Care, the United Kingdom and the Draft Patients’ Rights Directive: One Small Step for Patient Mobility but a Huge Leap for a Reformed NHS?
Part III: Competition Law and Health Care Issues
The Treaty Provisions on Competition and Health Care
BUPA; a Healthy Case, in the Light of a Changing Constitutional Setting in Europe?
EU Law and the Organisation of Health Care: Experiences from Germany
Experiences from the Netherlands: The Application of Competition Rules in Health Care
Part IV: Further issues of EU Health Care Law
Health Care Planning and the EU Internal Market Law
Public Procurement Law and Health Care: From Theory to Practice
Patient Mobility beyond Calais: Health Services under WTO law
Part V: Conclusion
Conclusions: Constructing a ‘Solid’ Multi-Layered Health Care Edifice
Table of Cases
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