EU competences in the fields of health and health care - EU methods of governance in the fields of health and health care - Integration through deregulation
3 important questions on EU competences in the fields of health and health care - EU methods of governance in the fields of health and health care - Integration through deregulation
Which asymmetry is there in deregulation?
Negative integration (deregulation): limitations on what states can do
Positive integration (reregulation)
Positive integration (reregulation)
Deregulation posed a potential risk to health, how?
- Directly effective rights may undermine health protection policies of the MS
- Unfettered movement might pose hazards to health
How does the EU respond to these potential threats?
- Health protection exemption: art. 36, 45, 52 and 62 TFEU
- public interest/order
- free movement except if there would be public interest reasons
- Court-developed exceptions to the free movement rules
- legitimate public interest (compensation for broad Dassonville test)
- Adoption of harmonized standards
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