health care and eu law legal issues of services of general interest

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Health Care And Eu Law

Author : Johan Willem van de Gronden
ISBN : 9067047287
Genre : Law
File Size : 87. 76 MB
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The aim of the present volume is to explore the consequences of the impact of the EU rules for the internal market (including the proposed Directive on patients’ rights) and competition on national health care systems. It will also address how related areas, such as EU public procurement law and WTO law, influence national healthcare organisation and Member State autonomy.

Services Of General Economic Interest As A Constitutional Concept Of Eu Law

Author : Caroline Wehlander
ISBN : 9789462651173
Genre : Law
File Size : 81. 96 MB
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This book offers a legal understanding regarding the core elements of SGEI (Services of General Interest), and of how the post-Lisbon constitutional framework on SGEI affects the application of the EU market rules by the EU Court of Justice, including procurement rules, to public services. It is built up of three parts, namely Part I: No Exit from EU Market Law for Public Services, Part II: SGEI as a Constitutional Voice for Public Services in EU Law, and Part III: The cost of loyalty, the relationship between EU procurement and state aid legislation on social services and the Treaty rules on SGEI, ending with a case study of Swedish systems of choice. Analyses are also provided on how the EU legislator engages in the Europeanisation of social services through EU procurement and state aid rules that have an ambiguous relationship to the Treaty framework on SGEI. Some explanation to this ambiguity is proposed by studying how the application of EU state aid rules could hinder the development of Swedish systems of choice liberalizing publicly-funded elderly care and school education. Included are propositions on crucial but yet unsettled legal questions, in particular what the legal meaning and relevance of the notion of economic activity in EU market law are and which core elements characterize SGEI. This book is therefore mainly aimed at legal academics and practitioners but may also be of interest to political scientists. Caroline Wehlander studied at Umeå University and holds the title of Doctor of Laws. She lives and works in Sweden.

Social Services Of General Interest In The Eu

Author : Ulla Neergaard
ISBN : 9789067048767
Genre : Law
File Size : 22. 1 MB
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The EU has limited legislative competence in the field of social law. However, the Member States are increasingly modernizing social services and social (welfare) protection, attempting to make social services more efficient by increasingly looking to the market for the provision of such services. This policy move brings social services into the radar of EU law. The EU response to this sensitive issue has resulted in a piecemeal and fragmented approach towards the treatment of a new policy area of Social Services of General Interest (SSGI) in EU law and policy. This book is a first contribution towards charting how SSGI have emerged as a special category of SGI in the EU, the reaction of the Member States and stake-holders and how policy is being made through new governance processes, carve-outs and safe havens in legislation and soft law, especially in the light of the new values of the EU introduced by the Treaty of Lisbon 2009. It takes an inter-disciplinary approach and will be of interest to lawyers, economists and political scientists who are interested in EU policy-making as well as practioners, EU and national policy-makers. Ulla Neergaard is Professor of EU law at the Faculty of Law, University of Copenhagen, Denmark. Erika Szyszczak is a Jean Monnet Professor of European Law ad personam, Professor of European Competition and Labour Law at the University of Leicester, Barrister, Littleton Chambers, UK. Johan W. van de Gronden is Professor of European Law at the Radboud University of Nijmegen, The Netherlands. Markus Krajewski is Professor of Public and International law at the University of Erlangen-Nuremberg.

Health Systems Governance In Europe

Author : Elias Mossialos
ISBN : 9780521761383
Genre : Business & Economics
File Size : 41. 67 MB
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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 book thus offers a comprehensive discussion of a number of current and emerging governance issues in EU health policy.

Public Services And The European Union

Author : Laura Nistor
ISBN : 9067048054
Genre : Law
File Size : 55. 95 MB
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Politically sensitive and economically important, welfare services such as health care, health insurance and education have opened up a heated debate in the EU. The application of EU law to welfare services raises discontent from the part of the Member States who perceive their systems to be under threat. Resisting to the application of the EU law is sometimes seen as part of protecting those values. This book suggests that this resistance is largely unjustified. EU law is not damaging to welfare systems, but it provides adequate balancing mechanisms to ensure that all interests are protected. The approach taken in analysing the impact of EU law on welfare services is to look at the negative integration process and answer the questions related to the extent to which EU law applies to welfare services and the kinds of safeguards the Court offers for these services. The proportionality principle distinguishes itself as the central element in balancing national and Community interests. Being part of the broader integration process, negative harmonization creates legislative lacunae, and therefore, this book also looks at alternative solutions to the negative harmonization process, namely positive and soft law.

Public Services In Eu Law

Author : Wolf Sauter
ISBN : 9781316195079
Genre : Law
File Size : 31. 23 MB
Format : PDF
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In the EU public services, utilities and welfare services can be seen as both building blocks for the internal market and as a persistent irritant in the integration process. This book provides a comprehensive overview of the EU law on public services within the context of European integration. It brings together important analysis of the primary Treaty law, mainly on the internal market and competition, and of the secondary legislation at EU level, including different sector specific regimes. Particular attention is given to case law of the EU courts. This will be essential reading for those looking to have a broader understanding of the subject.

Services Of General Interest And Territorial Cohesion

Author : Heinz Fassmann
ISBN : 9783847004714
Genre : Social Science
File Size : 22. 72 MB
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European societies and economies continue to rely on Services of General Interest (SGI) to produce legitimacy. Fair access to basic services such as transport, energy and communication infrastructures, education and health care is regarded as a cornerstone of the ‘European Model of Society’, as a way to promote Territorial Cohesion and lastly, as a right held by every EU citizen. These collective, regional and individual perspectives on Services of General Interest are in the focus of this edited volume. In the light of postmodern societies, demographic aging, migratory patterns, globalization and economic crises territorially sensitive challenges arise and targeted solutions are needed accordingly.

The Eu And Wto Law On Services

Author : Johan Willem Gronden
ISBN : 9041128093
Genre : Law
File Size : 31. 63 MB
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This examination of tensions emerging between the goals of the European market and general interest objectives at the level of the Member States fills a need for lawyers, policymakers, officials, and academics striving to clarify and formulate effective principles and rules in this area of the European and global economies

Freedom Of Services In The European Union

Author : Roger Blanpain
ISBN : 9789041124531
Genre : Law
File Size : 30. 59 MB
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This book deals with European labour law and industrial relations. It covers legislation concerning relations between employers and employees, collective agreements and the case law of the Court of Justice, as well as the structure and strategies of the social actors. The book consists of three parts: a general section devoted to individual labour law and a section that deals with collective labour law

Patient Mobility In The European Union

Author : Magdalene Rosenmöller
ISBN : 9289022876
Genre : Europeans
File Size : 65. 27 MB
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This book is an attempt to inform the debate that is already taking place between Europe's policy-makers, looking at a series of case studies that illustrate the different aspects of patient mobility within the European Union and how Europe's health systems have responded to them. Most of the case studies presented in this book have been analysed within a project funded by the European Union's Sixth Framework Programme - Europe for Patients (e4p).

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