tailieunhanh - Health Law and the European Union

How does the law of the European Union affect health law and policy? At first sight, the impact of EU law in this area seems limited. However, despite its restricted formal competence, over recent years, the EU has 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 within the EU, whichmay have huge prac- tical implications for national health 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 quali- fications of health care professionals. | Law in Context TAMARA K. HERVEY AND V. Health Law and the European Union CAMBNIIXit Cambridge This page intentionally left blank Health Law and the European Union How does the law of the European Union affect health law and policy At first sight the impact of EU law in this area seems limited. However despite its restricted formal competence over recent years the EU has 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 within the EU which may have huge practical implications for national health 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. The authors of this book expert in EU law and health law respectively seek to explain and explore 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. Tamara K. Hervey is Professor of Law at the University of Nottingham UK. She teaches and researches in European Union law. She is author of a number of books and journal articles on EU law especially its social and constitutional dimensions including European Social Law and Policy 1998 . Her current research is on the EU s regulation of stem cell research new modes of EU governance in the field of health the right to health in European law and EU equality law. Jean V. McHale is Professor of Law at the University of Leicester UK. Her research is in the area of health law and she has written a number of books and articles in the area including Health Care Law text and materials with M. Fox 1997 and Framing the Clinical Body .