T.K. Hervey & J.V. McHale (2015). ‘: What is European Union health law?’ in T.K. Hervey & J.V. McHale, European Union Health Law: Themes and Implications, Cambridge: Cambridge University Press 2015

5 important questions on T.K. Hervey & J.V. McHale (2015). ‘: What is European Union health law?’ in T.K. Hervey & J.V. McHale, European Union Health Law: Themes and Implications, Cambridge: Cambridge University Press 2015

Which 6 key dimensions concerned to be health law?

Individual human rights

Professional liability

Acces to and practicing of health care professions and regulating health care institutions

Funding and organization of health care systems

Public health

Regulation of human material in health contexts

In which area the CJEU has jurisdiction?

Applications of judicial review of acts of the EU institutions


Commission allegations of non-compliance with EU law on the part of Member states

Preliminary references from national courts

What are the Institutional Actors of the EU?

European Parliament Legislator


Council of the EU (ministers) Legislator

European Council (Head of State)

European Commission (DG Health) Proposes Legislation

Agencies

Court of Justice of the EU
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What are the legal instruments of the Council of Europe?

Convention for the Protection of Human Rights and Fundamental Freedoms (1950)

The Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine: Convention on Human rights and Biomedicine (1997)

European Social Charter (1961)

What are the 3 observations how EU health law works in practice?

The interactions of the EU institutions take place on the basis of inter-institutional agreements.

The EU institutions interact with national institutions and with industry actors.

Interactions between hard en softer law and hybrid.

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