governing public health eu law regulation and biopolitics modern studies in european law

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Governing Public Health

Author : Mark Flear
ISBN : 9781782259749
Genre : Law
File Size : 31. 22 MB
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This book contributes towards EU studies and the growing discourse on law and public health. It uses the EU's governance of public health as a lens through which to explore questions of legal competence and its development through policy and concrete techniques, processes and practices, risk and security, human rights and bioethics, accountability and legitimacy, democracy and citizenship, and the nature, essence and 'future trajectory' of the European integration project. These issues are explored first by situating the EU's public health strategy within the overarching architecture of governance and subsequently by examining its operationalisation in relation to the key public health problems of cancer, HIV/AIDS and pandemic planning. The book argues that the centrality and valorisation of scientific and technical knowledge and expertise in the EU's risk-based governance means that citizen participation in decision-making is largely marginalised and underdeveloped ? and that this must change if public health and the quality, accountability and legitimacy of EU governance and its regulation are to be improved. Subsequently the book goes on to argue that the legitimating discourses of ethics and human rights, and the developing notion of EU (supra-)stewardship responsibility, can help to highlight the normative dimensions of governance and its interventions in public health. These discourses and dimensions provide openings and possibilities for citizens to power 'technologies of participation' and contribute important supplementary knowledge to decision-making.

Public Liability In Eu Law

Author : Pekka Aalto
ISBN : 9781847318459
Genre : Law
File Size : 79. 45 MB
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Over the last two decades public law liability for breach of European Union law has been subject to remarkable developments. This book examines the convergence between its two constituent systems: the damages liability of the EU and that of its Member States for failing to comply with EU rules. Member State liability, based as it is on the Francovich case (1991) and Brasserie du Pêcheur and Factortame (1996) judgments of the European Court of Justice (ECJ) is well established. But it is yet to be closely scrutinised by reference to the detailed rules on the liability of the European Union. The focus of the book is on the two key legal criteria that are common to both systems, namely the grant of rights to individuals by EU law and the notion of sufficiently serious breach of such rights. The analysis concentrates on developments in the case law of the ECJ and the General Court since the Bergaderm judgment (2000), which consolidated the convergence of the two liability systems that was first indicated in Brasserie du Pêcheur and Factortame. These two criteria are set side by side to evaluate the extent, in real terms, of the convergence of Member State and EU institutional damages liability, and to determine the extent to which one has influenced the other. This book shows that although full convergence between the two liability systems is not likely, each stream of case law should look to the other more actively as this important element of EU remedial law develops. Convergence in EU law public liability is supported by developments in adjacent areas, most notably European tort law and European administrative law. This study also illustrates how convergence in the EU liability systems to date has had spill-over effects into national public liability law.

Les Droits Du Patient En Droit De L Union Europ Enne

Author : Amanda Dubuis
ISBN : 9782802759836
Genre : Law
File Size : 78. 12 MB
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Le patient et ses droits sont de plus en plus fréquemment évoqués par les institutions de l’Union européenne qui sont allées jusqu’à consacrer une directive à leur application en matière de soins de santé transfrontaliers. Le dynamisme insufflé par l’organisation de cette mobilité s’étend par ailleurs à l’ensemble des droits du patient puisque certaines dispositions sont assez générales pour intéresser la personne soignée dans son État d’affiliation. La reconnaissance de ces droits peut surprendre au premier abord tant ce thème est éloigné des préoccupations initiales des Communautés. L’objectif de cet ouvrage est donc de démontrer la contribution du droit de l’Union à la reconnaissance et à la mise en œuvre des droits du patient. En l’absence de compétence juridique spécifique, ce sont à la fois la voie des droits fondamentaux et celle du marché intérieur qui ont permis la reconnaissance des droits du patient. L’intérêt pour ce domaine est tel qu’il existe désormais un véritable foisonnement normatif, composé tant de sources déclaratoires qu’obligatoires, pouvant affecter l’accessibilité et l’intelligibilité des droits du patient. La mise en œuvre des droits révèle un double niveau de protection : la dimension transfrontalière des soins est particulièrement propice à la réalité des droits consubstantiels à cette situation, tandis que l’organisation est plus nuancée pour ceux sans lien spécifique avec la mobilité. Ce constat amène notamment à s’interroger sur l’amélioration de l’effectivité des droits. L’ensemble de cette analyse conduit in fine à une réflexion sur l’existence d’un statut juridique du patient, aboutissant à des propositions destinées à renforcer encore la place du patient en droit de l’Union et, par conséquent, le respect de ses droits. Cet ouvrage se destine à un public universitaire spécialisé en droit de la santé, mais également aux juristes (magistrats, avocats...), aux professionnels de la santé ainsi qu’à toute personne intéressée par les interactions entre le droit de la santé et le droit européen au sens large.

Cambridge Yearbook Of European Legal Studies Vol 14 2011 2012

Author : Catherine Barnard
ISBN : 9781782250524
Genre : Law
File Size : 72. 50 MB
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The Cambridge Yearbook of European Legal Studies provides a forum for the scrutiny of significant issues in EU Law, the law of the European Convention on Human Rights, and Comparative Law with a 'European' dimension, and particularly those issues which have come to the fore during the year preceding publication. The contributions appearing in the collection are commissioned by the Centre for European Legal Studies (CELS) Cambridge, a research centre in the Law Faculty of the University of Cambridge specialising in European legal issues. The papers presented are at the cutting edge of the fields which they address, and reflect the views of recognised experts drawn from the University world, legal practice, and the institutions of both the EU and its Member States. Inclusion of the comparative dimension brings a fresh perspective to the study of European law, and highlights the effects of globalisation of the law more generally, and the resulting cross fertilisation of norms and ideas that has occurred among previously sovereign and separate legal orders. The Cambridge Yearbook of European Legal Studies is an invaluable resource for those wishing to keep pace with legal developments in the fast moving world of European integration. INDIVIDUAL CHAPTERS Please click on the link below to purchase individual chapters from Volume 14 through Ingenta Connect: SUBSCRIPTION TO SERIES To place an annual online subscription or a print standing order through Hart Publishing please click on the link below. Please note that any customers who have a standing order for the printed volumes will now be entitled to free online access. Editorial Advisory Board: Albertina Albors-Llorens, John Bell, Alan Dashwood, Simon Deakin, David Feldman, Richard Fentiman, Angus Johnston, John Spencer Founding Editors: Alan Dashwood and Angela Ward

The Routledge Handbook Of Biopolitics

Author : Sergei Prozorov
ISBN : 9781317044086
Genre : Political Science
File Size : 71. 53 MB
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The problematic of biopolitics has become increasingly important in the social sciences. Inaugurated by Michel Foucault’s genealogical research on the governance of sexuality, crime and mental illness in modern Europe, the research on biopolitics has developed into a broader interdisciplinary orientation, addressing the rationalities of power over living beings in diverse spatial and temporal contexts. The development of the research on biopolitics in recent years has been characterized by two tendencies: the increasingly sophisticated theoretical engagement with the idea of power over and the government of life that both elaborated and challenged the Foucauldian canon (e.g. the work of Giorgio Agamben, Antonio Negri, Roberto Esposito and Paolo Virno) and the detailed and empirically rich investigation of the concrete aspects of the government of life in contemporary societies. Unfortunately, the two tendencies have often developed in isolation from each other, resulting in the presence of at least two debates on biopolitics: the historico-philosophical and the empirical one. This Handbook brings these two debates together, combining theoretical sophistication and empirical rigour. The volume is divided into five sections. While the first two deal with the history of the concept and contemporary theoretical debates on it, the remaining three comprise the prime sites of contemporary interdisciplinary research on biopolitics: economy, security and technology. Featuring previously unpublished articles by the leading scholars in the field, this wide-ranging and accessible companion will both serve as an introduction to the diverse research on biopolitics for undergraduate students and appeal to more advanced audiences interested in the current state of the art in biopolitics studies.

On The Greek Origins Of Biopolitics

Author : Mika Ojakangas
ISBN : 9781317216353
Genre : Political Science
File Size : 62. 16 MB
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This book explores the origins of western biopolitics in ancient Greek political thought. Ojakangas’s argues that the conception of politics as the regulation of the quantity and quality of population in the name of the security and happiness of the state and its inhabitants is as old as the western political thought itself: the politico-philosophical categories of classical thought, particularly those of Plato and Aristotle, were already biopolitical categories. In their books on politics, Plato and Aristotle do not only deal with all the central topics of biopolitics from the political point of view, but for them these topics are the very keystone of politics and the art of government. Yet although the Western understanding of politics was already biopolitical in classical Greece, the book does not argue that the history of biopolitics would constitute a continuum from antiquity to the twentieth century. Instead Ojakangas argues that the birth of Christianity entailed a crisis of the classical biopolitical rationality, as the majority of classical biopolitical themes concerning the government of men and populations faded away or were outright rejected. It was not until the renaissance of the classical culture and literature – including the translation of Plato’s and Aristotles political works into Latin – that biopolitics became topical again in the West. The book will be of great interest to scholars and students in the field of social and political studies, social and political theory, moral and political philosophy, IR theory, intellectual history, classical studies.

Infrastructures Of Race

Author : Daniel Nemser
ISBN : 9781477312605
Genre : History
File Size : 27. 74 MB
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Many scholars believe that the modern concentration camp was born during the Cuban war for independence when Spanish authorities ordered civilians living in rural areas to report to the nearest city with a garrison of Spanish troops. But the practice of spatial concentration—gathering people and things in specific ways, at specific places, and for specific purposes—has a history in Latin America that reaches back to the conquest. In this paradigm-setting book, Daniel Nemser argues that concentration projects, often tied to urbanization, laid an enduring, material groundwork, or infrastructure, for the emergence and consolidation of new forms of racial identity and theories of race. Infrastructures of Race traces the use of concentration as a technique for colonial governance by examining four case studies from Mexico under Spanish rule: centralized towns, disciplinary institutions, segregated neighborhoods, and general collections. Nemser shows how the colonial state used concentration in its attempts to build a new spatial and social order, and he explains why the technique flourished in the colonies. Although the designs for concentration were sometimes contested and short-lived, Nemser demonstrates that they provided a material foundation for ongoing processes of racialization. This finding, which challenges conventional histories of race and mestizaje (racial mixing), promises to deepen our understanding of the way race emerges from spatial politics and techniques of population management.

Bioethics In Europe

Author : Arthur Rogers (journalist.)
ISBN : 928712566X
Genre : Bioethics
File Size : 20. 75 MB
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For the first time, a book sheds light on these issues beyond a national perspective. In a clear, accessible journalistic style, generously illustrated with examples, the two authors report on the variety of responses found in each country & on the harmonisation work done in Europe.

Public Health Law

Author : Lawrence O. Gostin
ISBN : 9780520958586
Genre : Law
File Size : 87. 36 MB
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Lawrence O. Gostin’s seminal Public Health Law is widely acclaimed as the definitive statement on public health law at the turn of the twenty-first century. In this bold third edition, Gostin is joined by Lindsay F. Wiley to analyze major health threats of our time such as chronic diseases, emerging infectious diseases, antimicrobial resistance, bioterrorism, natural disasters, opiod overdose, and gun violence. The authors draw on constitutional law, administrative law, local government law, and tort law to develop their conception of law as a tool for protecting the public’s health. The book creates an intellectual framework for modern public health law and supports that framework with illustrations of the scientific, political, and ethical issues involved. In proposing innovative solutions for the future of the public’s health, Gostin and Wiley’s essential study provides a blueprint for public and political debates to come. New issues covered in this edition: • Corporate personhood rights raised in response to regulations of tobacco, food and beverages, alcohol, firearms, prescription drugs, and marijuana. • Local government authority to protect the public’s health. • Deregulation and harm reduction as modes of public health law intervention. • Taxation, spending, and alteration of the socioeconomic environment as modes of public health law intervention. • Access to health care as a strategy for protecting the public’s health. • Taxation, spending, licensing, zoning, and shared-use strategies for chronic disease prevention. • The public health law perspective on violence and injury prevention. • Health justice as a framework for reducing health disparities and protecting the public’s health.

Health Civilization And The State

Author : Dorothy Porter
ISBN : 9781134637188
Genre : History
File Size : 81. 40 MB
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This book examines the social, economic and political issues of public health provision in historical perspective. It outlines the development of public health in Britain, Continental Europe and the United States from the ancient world through to the modern state. It includes discussion of: * pestilence, public order and morality in pre-modern times * the Enlightenment and its effects * centralization in Victorian Britain * localization of health care in the United States * population issues and family welfare * the rise of the classic welfare state * attitudes towards public health into the twenty-first century.

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