Health Law and the European Union ? By T. K. Hervey and J. McHale

2007 ◽  
Vol 13 (5) ◽  
pp. 688-689
Author(s):  
Ruth Fletcher
Keyword(s):  
European Union ◽  
Health Law ◽  
The European Union

COVID-19 “Green Pass”: a Lesson on the Proportionality Principle from Galicia

2021 ◽  
pp. 1-8
Author(s):  
Luca Roncati ◽  
Monica Roncati
Keyword(s):  
European Union ◽  
Health Law ◽  
The European Union ◽  
Social Tension ◽  
Law And Policy ◽  
The World ◽  
Proportionality Principle ◽  
New Millennium

Abstract Coronavirus Disease 2019 (COVID-19) is the most dramatic pandemic of the new millennium, and extraordinary measures concerning with health, law and policy are required around the world. One of these is without doubts the “green pass”, officially known in the European Union (EU) as EU Digital COVID Certificate (EUDCC). Initially conceived as a tool for overcoming the lockdown restrictions, it has unexpectedly turned into a means of discrimination between pass holders and non-holders, thus increasing social tension at the expense of solidarity and brotherhood. Here, we analyze in depth the dark sides of the “green pass” in the light of the European and international legislation and of the ongoing pandemic scenario.

Excessive pricing in the pharmaceutical industry: adding another string to the bow of EU competition law

2020 ◽  
pp. 1-12
Author(s):  
Diletta Danieli
Keyword(s):  
European Union ◽  
Pharmaceutical Industry ◽  
Competition Law ◽  
Pharmaceutical Companies ◽  
Health Law ◽  
The European Union ◽  
The United Kingdom ◽  
Eu Competition Law ◽  
Policy Objectives ◽  
The Eu

Abstract The paper addresses the issue of excessive price abuse under Article 102(a) of the Treaty on the Functioning of the European Union (TFEU), by drawing inspiration from a recent stream of cases (developed first at the national and then at the EU level) involving pharmaceutical companies marketing off-patent drugs. In particular, the two ‘most advanced’ cases are analysed: Aspen in Italy and Pfizer/Flynn in the United Kingdom. This new-found attention towards exploitative practices in the form of excessive and unfair pricing by dominant undertakings that have traditionally been subject to a cautious antitrust scrutiny seems worth exploring for a number of reasons, as illustrated in the paper. Ultimately, it is argued that this further ‘interference’ of competition law into the realms of regulation may be actually justified, albeit subject to precise conditions for enforcement, and may pursue policy objectives in the wider context of EU health law.

Obesity in Europe: The Strategy of the European Union from a Public Health Law Perspective

2012 ◽  
Vol 19 (1) ◽  
pp. 69-86 ◽  
Author(s):  
Andrea Faeh
Keyword(s):  
Public Health ◽  
European Union ◽  
European Commission ◽  
Current Trend ◽  
White Paper ◽  
Overweight And Obesity ◽  
Health Law ◽  
The European Union ◽  
Public Health Law ◽  
Food Legislation

Abstract In 2007 the European Commission published a White Paper on a “Strategy on nutrition, overweight and obesity”, proposing measures to impede the current trend towards a steady gain in weight by Union citizens. In this article, these ideas are discussed critically in the light of the competences of the Union and from a public health law perspective, in order to scrutinise the effectiveness of the measures and to identify shortcomings in the White Paper. One focus of this article will be European food legislation, as food is one of the leading causes of people being overweight or obese.

Law, health and the European Union

Legal Studies ◽  
2005 ◽  
Vol 25 (2) ◽  
pp. 228-259 ◽  
Author(s):  
Tamara K Hervey ◽  
Jean V McHale
Keyword(s):  
European Union ◽  
Legal Order ◽  
Multilevel Governance ◽  
Marginal Effect ◽  
Health Law ◽  
The European Union ◽  
Slow Convergence ◽  
Different Types ◽  
Modes Of Governance ◽  
The Eu

How does the European Union (EU) affect health law in its member states? Having defined ‘health law’, this article takes a multilevel governance perspective of the EU und its legal order, aid considers, through selected examples, the various modes of governance used by the EU applicable in the health law field. The article presents a spectrum of five different types of effect that the EU has on health law: strong effect from health-specific measures; strong effect from general measures; marginal effect; slow convergence effect; little prospect for effect.

scholarly journals Overview of Cattle Diseases Listed Under Category C, D or E in the Animal Health Law for Which Control Programmes Are in Place Within Europe

2021 ◽  
Vol 8 ◽  
Author(s):  
Jaka Jakob Hodnik ◽  
Žaklin Acinger-Rogić ◽  
Mentor Alishani ◽  
Tiina Autio ◽  
Ana Balseiro ◽  
...  
Keyword(s):  
European Union ◽  
Animal Health ◽  
Health Law ◽  
The European Union ◽  
Bovine Viral Diarrhoea ◽  
Infectious Bovine Rhinotracheitis ◽  
Enzootic Bovine Leukosis ◽  
Cattle Diseases ◽  
Control Programmes ◽  
Bovine Leukosis

The COST action “Standardising output-based surveillance to control non-regulated diseases of cattle in the European Union (SOUND control),” aims to harmonise the results of surveillance and control programmes (CPs) for non-EU regulated cattle diseases to facilitate safe trade and improve overall control of cattle infectious diseases. In this paper we aimed to provide an overview on the diversity of control for these diseases in Europe. A non-EU regulated cattle disease was defined as an infectious disease of cattle with no or limited control at EU level, which is not included in the European Union Animal health law Categories A or B under Commission Implementing Regulation (EU) 2020/2002. A CP was defined as surveillance and/or intervention strategies designed to lower the incidence, prevalence, mortality or prove freedom from a specific disease in a region or country. Passive surveillance, and active surveillance of breeding bulls under Council Directive 88/407/EEC were not considered as CPs. A questionnaire was designed to obtain country-specific information about CPs for each disease. Animal health experts from 33 European countries completed the questionnaire. Overall, there are 23 diseases for which a CP exists in one or more of the countries studied. The diseases for which CPs exist in the highest number of countries are enzootic bovine leukosis, bluetongue, infectious bovine rhinotracheitis, bovine viral diarrhoea and anthrax (CPs reported by between 16 and 31 countries). Every participating country has on average, 6 CPs (min–max: 1–13) in place. Most programmes are implemented at a national level (86%) and are applied to both dairy and non-dairy cattle (75%). Approximately one-third of the CPs are voluntary, and the funding structure is divided between government and private resources. Countries that have eradicated diseases like enzootic bovine leukosis, bluetongue, infectious bovine rhinotracheitis and bovine viral diarrhoea have implemented CPs for other diseases to further improve the health status of cattle in their country. The control of non-EU regulated cattle diseases is very heterogenous in Europe. Therefore, the standardising of the outputs of these programmes to enable comparison represents a challenge.

Health Law and the European Union

2004 ◽  
Author(s):  
Tamara K. Hervey ◽  
Jean V. McHale
Keyword(s):  
European Union ◽  
Health Law ◽  
The European Union

Health Law and the European Union

1994 ◽  
Vol 1 (2) ◽  
pp. 123-126 ◽  
Author(s):  
H.D.C. Roscam Abbing
Keyword(s):  
European Union ◽  
Health Law ◽  
The European Union

scholarly journals Compulsory psychiatric detention and treatment in Finland

2007 ◽  
Vol 31 (3) ◽  
pp. 101-103 ◽  
Author(s):  
Hanna Putkonen ◽  
Birgit Vollm
Keyword(s):  
Mental Health ◽  
European Union ◽  
Psychiatric Care ◽  
Health Law ◽  
Compulsory Admission ◽  
The European Union ◽  
Mental Health Legislation ◽  
Forensic Care ◽  
The Uk ◽  
Health Legislation

Despite efforts to integrate and harmonise legislation across the member states of the European Union (EU), mental health legislation, including legislation for the detention and treatment of offenders with mental disorders, differs widely across Europe. With changes to the Mental Health Act 1983 in the UK currently underway, investigating the different approaches to compulsory psychiatric care in other countries can be a stimulating and worthwhile exercise. We explored the Finnish mental health law with regard to compulsory admission and treatment and forensic care. Relevant differences between the Finnish approach and legislation in other European countries will be discussed.

Regional Harmonization of Occupational Health Rules: The European Example

1995 ◽  
Vol 21 (1) ◽  
pp. 7-44
Author(s):  
Philip Raworth
Keyword(s):  
European Union ◽  
Occupational Health ◽  
Health Risks ◽  
Main Body ◽  
Health Law ◽  
The European Union ◽  
European Union Law ◽  
Employment Rights ◽  
The Way

This study of the occupational health law of the European Union looks first at the jurisdiction of the Union and the history and scope of its legislation in this area.The main body of the Article examines the level of protection that is afforded to the workforce under European Union law. The Article first considers the way in which assessment of risk is handled and then passes on to measures that are provided for both preventing and protecting against health risks. It notes the greater role given to protection. The Article also mentions the ancillary measures that are destined to make both prevention and protection effective. Finally, it looks at the Union's detailed provisions for worker involvement in occupational health matters and the more meager ones on employment rights and compensation.The Article ends with a discussion of the problems faced by the Union in enforcing its rules and an assessment of the strengths and weaknesses of the European Union's occupational health law. It is suggested that, overall, it deserves a positive judgment.

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