Health Systems Governance in Europe: The Role of European Union Law and Policy

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There is a fundamental contradiction at the core of health policy in the EU that makes it difficult to draw a line between EU and Member State responsibilities. This raises a number of difficult questions for policy makers and practitioners as they struggle to interpret both 'hard' and 'soft' laws at EU and Member State level and to reconcile tensions between economic and social imperatives in health care. The book addresses these complex questions by combining analysis of the underlying issues with carefully chosen case studies that illustrate how broader principles are played out in practice. Each chapter addresses a topical area in which there is considerable debate and potential uncertainty. The book thus offers a comprehensive discussion of a number of current and emerging governance issues in EU health policy, including regulatory, legal, 'new governance' and policy-making dynamics, and the application of the legal framework in these areas.

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Product Details

Meet the Author

Elias Mossialos is Brian Abel-Smith Professor of Health Policy and Director of LSE Health at the London School of Economics and Political Science.

Govin Permanand is Programme Manager of the Health Evidence Network at the World Health Organization Regional Office for Europe, Denmark.

Rita Baeten is Senior Policy Analyst at the European Social Observatory, Brussels.

Tamara K. Hervey is Professor of Law at the University of Sheffield.

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Table of Contents

1 Health systems governance in Europe : the role of European Union law and policy Elias Mossialos Mossialos, Elias Govin Permanand Permanand, Govin Rita Baeten Baeten, Rita Tamara Hervey Hervey, Tamara 1

2 Health care and the EU : the law and policy patchwork Tamara Hervey Hervey, Tamara Bart Vanhercke Vanhercke, Bart 84

3 EU regulatory agencies and health protection Govin Permanand Permanand, Govin Ellen Vos Vos, Ellen 134

4 The hard politics of soft law : the case of health Scott L. Greer Greer, Scott L. Bart Vanhercke Vanhercke, Bart 186

5 Public health policies Martin McKee McKee, Martin Tamara Hervey Hervey, Tamara Anna Gilmore Gilmore, Anna 231

6 Fundamental rights and health care Jean McHale McHale, Jean 282

7 EU competition law and public services Tony Prosser Prosser, Tony 315

8 EU competition law and health policy Julia Lear Lear, Julia Elias Mossialos Mossialos, Elias Beatrix Karl Karl, Beatrix 337

9 Public procurement and state aid in national health care systems Vassilis Hatzopoulos Hatzopoulos, Vassilis 379

10 Private health insurance and the internal market Sarah Thomson Thomson, Sarah Elias Mossialos Mossialos, Elias 419

11 Free movement of services in the EU and health care Wouter Gekiere Gekiere, Wouter Rita Baeten Baeten, Rita Willy Palm Palm, Willy 461

12 Enabling patient mobility in the EU : between free movement and coordination Willy Palm Palm, Willy Irene A. Glinos Glinos, Irene A. 509

13 The EU legal framework on e-health Stefaan Cailens Cailens, Stefaan 561

14 EU law and health professionals Miek Peeters Peeters, Miek Martin McKee McKee, Martin Sherry Merkur Merkur, Sherry 589

15 The EU pharmaceuticals market : parameters and pathways Leigh Hancher Hancher, Leigh 635

Bibliography 683

Index 745

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