View
214
Download
0
Category
Tags:
Preview:
Citation preview
18/04/23 © The University of Sheffield
1
The impacts of European Union Law on the healthcare sector:
Paper I – Institutional overview
Tamara Hervey, Jean Monnet Professor of European Union Law, University of Sheffield (t.hervey@shef.ac.uk)
18/04/23 © The University of Sheffield
2
Overview• Introduction
• EU Law• EU law making and the competence of the EU
• The structure of EU law
• Supremacy of EU law
• Enforceability of EU law
• Policy responses/EU added value
• Conclusions
18/04/23 © The University of Sheffield
3
Three key questions:
• What is special about EU law?
• What challenges and opportunities for those in the healthcare sector therefore arise?
• What kinds of questions should those involved in managing the healthcare sector therefore be asking themselves?
18/04/23 © The University of Sheffield
5
EU law making and competence
736 MEPs20 Parliamentary Committees
25 Directorates General
The structure of EU law
• Free movement law• Prohibits restrictions on movement of
goods, services, persons
• Exceptions where justified
• Competition law• Prohibits cartels and monopolies
• Exceptions for public services
18/04/23 © The University of Sheffield
7
The structure of EU law
• Law and policy that softens internal market/competition law• Employment law
• Consumer protection law
• Environmental law
• Public health law …
18/04/23 © The University of Sheffield
8
18/04/23 © The University of Sheffield
9
Supremacy of EU Law
national law that contradicts EU law must be ‘disapplied’
The enforceability of EU law
• Individual rights in EU law
• Enforceable before (ordinary) national courts
• ‘Direct effect’
• Applies to enforce EU law against ‘public’ bodies
18/04/23 © The University of Sheffield
10
Policy responses
• ‘Framework Programmes’
• Public health programme
• Best practice
18/04/23 © The University of Sheffield
12
EU PUBLIC HEALTH PROGRAMMES EU PUBLIC HEALTH PROGRAMMES Now Operated by Executive Agency for Public Now Operated by Executive Agency for Public
Health and ConsumersHealth and Consumers
http://ec.europa.eu/phea/index_en.html
Objectives:• Improve citizens' health security• Promote health for prosperity and solidarity • Generate and disseminate health knowledge
Budget: c € 300 million
OpportunitiesOpportunities
• Life expectancy at birth (years) for males ranges from 65 (Latvia, Lithuania) to 79 (Sweden), a gap of 14 years
• Life expectancy at birth (years) for females ranges from 76 (Bulgaria, Latvia, Romania) to 84 (France, Italy, Spain), a gap of 8 years
Source: Rosling H. Gapminder, registered as a Foundation at Stockholm County Administration Board
Health status varies widely in EU
18/04/23 © The University of Sheffield
15
Solidarity, redistribution, territorially based – closed-ness
vs
Remove national barriers, access to wider markets, efficiencies and economies of scale – open-ness
18/04/23 © The University of Sheffield
16 Summary
• Logic and structures of EU law ≠logic and structures of healthcare
• EU law-making institutions may be unaware of healthcare concerns
• The special nature of EU law
• Can have challenging effects for national healthcare systems
• Benefits and opportunities
Recommended