Title EU health law & policy : the expansion of EU power in public health and health care / Anniek de Ruijter

Edition First edition Published Oxford ; New York, NY : Oxford University Press, 2019 ©2019

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Description 1 online resource (xxxiv, 215 pages) Series Oxford studies in European law Oxford studies in European law Contents Cover; Series; EU Health Law & Policy; Copyright; Contents; Table of Cases; Table of Legislation; List of Abbreviations; List of Respondents; 1. The Silent Revolution in EU Health Law and Policy; 1. Human Health, Values, Rights, and the European Union; 2. The Expanding Power of the EU in Human Health; 2.1 Limited legislative power . . .; 2.2 . . . but ever-​growing policymaking authority; 3. Health Law: Rights and Functions; 4. The Structure of the Book and Methodology of the Research; 4.1 Legal framework for analysis: fundamental rights beyond justiciability 4.2 Case studies: public health and health care4.2.1 Public health: communicable disease outbreak; 4.2.2 Health care: access to medical care; 4.3 Data sources: beyond law; 5. Balancing Subsidiarity and Fundamental Rights; 2. European Union Rights and Values in Human Health; 1. Legitimizing the Use of Power in Human Health Policy and Law; 1.1 Reciprocity of fundamental rights and health law and policy; 2. From 'Generations' towards the 'Indivisibility' of Rights in Human Health; 2.1 First-​generation rights and health policy; 2.2 Second-​generation rights and health policy 2.3 Third-​generation rights and health policy2.4 Towards indivisibility; 3. The EU's Fundamental Rights Framework in Human Health; 3.1 The scope of application of fundamental rights to EU health policy; 3.2 The Charter and the European Convention on Human Rights; 3.3 Scope of application of fundamental rights; 3.3.1 Invoking fundamental rights against EU institutional actors; 3.3.2 Invoking EU fundamental rights against Member States; 3.3.3 Application of fundamental rights without a Union law obligation; 3.4 Applicability of other fundamental rights instruments to EU health policy 4. EU Fundamental Rights in Public Health and Health Care4.1 The first branch: right to health in health care and public health; 4.1.1 The right to health: public health; 4.1.2 The right to health: access to health care; 4.2 The second branch: individual (patients') rights; 4.2.1 Informed consent in public health and health care; 4.2.2 Privacy and confidentiality in public health and health care; 5. Fundamental Rights: Beyond a Legal Framework; 3. EU 'Public Health' and 'Health-​care' Law and Policy; 1. Human 'Health' in the EU; 1.1 Legal sources defining health in the EU 1.2 Beyond a biomedical concept1.3 Differentiating EU 'public health' and 'individual health (care)'; 2. EU Power: Policy and Law in Human Health; 2.1 Human health as part of the EU regulatory state; 2.2 Authority: policymaking and power; 2.3 Differentiating EU 'health-​care' and 'public health' policy; 3. EU Public Health Policy and Law; 3.1 Public health in the Common Agricultural Policy; 3.2 EU public health to promote the free movement of goods; 3.3 Mutual recognition; 3.4 Tensions between internal market and public health objectives; 3.4.1 HIV/​AIDS programme and blood products Summary This book outlines how the expansion of EU power is taking place through law and policy, in public health and health care. How is EU law and policy in the field of human health adopted, who are the institutional actors involved, and what is the impact of these developments for fundamental rights? Bibliography Includes bibliographical references and index Notes Online resource; title from digital title page (viewed on March 27, 2019) SUBJECT European Union Subject Public health laws -- European Union countries Medical laws and legislation -- European Union countries Medical care -- Law and legislation -- European Union countries Medical policy -- European Union countries Political planning -- European Union countries Medical policy. Health services accessibility. Human rights. Public Health -- legislation & jurisprudence Health Policy Health Services Accessibility Human Rights LAW -- Administrative Law & Regulatory Practice. International economic integration. Medical care -- Law and legislation. Medical laws and legislation. Medical policy. Political planning. Public health laws. SUBJECT European Union countries -- Economic integration Europe. http://id.loc.gov/authorities/subjects/sh85045631 Europe https://id.nlm.nih.gov/mesh/D005060 Subject European Union countries. Form Electronic book ISBN 9780191092152 0191092150 9780191830075 0191830070

Other Titles European Union health law and policy EU health law and policy European Union health law & policy

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