Health Law and the European Union

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Overview

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.

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Product Details

  • ISBN-13: 9780521605243
  • Publisher: Cambridge University Press
  • Publication date: 12/28/2004
  • Series: Law in Context Series
  • Edition description: New Edition
  • Pages: 540
  • Product dimensions: 5.98 (w) x 8.98 (h) x 1.22 (d)

Meet the Author

Tamara K. Hervey is Professor of Law at the University of Nottingham and is the author of a number of books and journal articles on European social law. Her current research is on EU health law.

Jean McHale is Professor of Law at the University of Leicester. She has written previous books and journals articles in the areas of health care law, health care ethics and policy. She is a member of the Interim Ethics and Advisory Group of UK Biobank. She is currently a member of an ESRC funded research project.

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Table of Contents

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.

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