European Union Health Law Themes and Implications

A contextual analysis of the internal logics of EU health law through four themes: consumerism; (human) rights; interactions between equality, solidarity and competition; and risk. Leading authors in the emergent field explain the interactions and implications of EU health law through thematic reinterpretation of the law in context in key substantive areas, such as the regulation of health research, access of patients to high quality care, health care professional regulation, organisation and funding of health care services, and public health. This book offers a fresh perspective and thorough understanding of EU health law through individual and collective or systemic perspectives, and covers health law both within the EU and globally. Essential reading for anyone interested in health law in any EU Member State or in global health law.

Part I. Introduction: 1. Introduction; 2. What is health law?; 3. What is European Union health law?; Part II. EU Internal Health Law: The Individual Focus: 4. Consumerism: the moving patient; 5. Consumerism: the moving health product or service; 6. Consumerism: the moving health care professional; 7. Rights: health rights as human rights; 8. Rights: mobile patients' rights as human rights; Part III. EU Internal Health Law: The Systemic Focus: 9. Competition, solidarity, equality: health insurance; 10. Competition, solidarity, equality: health institutions and professions; 11. Competition, solidarity, equality: the pharmaceuticals, medical devices and medical equipment industries; 12. Risk: clinical trials; 13. Risk: health system products - pharmaceuticals; 14. Risk: health system products - human blood, tissue and cells, organs; medical devices; 15. Risk: tobacco, food, alcohol; Part IV. EU External Health Law: 16. The global context: institutions and instruments; 17. The global context: consumerism, rights, justice and equality: human organs and access to essential medicines; 18. The global context: opportunities and threats: health knowledge, communicable diseases, global food and tobacco law; Part V. Conclusions: 19. Conclusion.

Tamara Hervey is Jean Monnet Professor of EU Law and Head of School, School of Law, University of Sheffield.
Jean McHale is Professor of Health Care Law and Director of the Centre for Health Law, Science and Policy, University of Birmingham.