EU competences in the fields of health and health care - Treaty provisions that might affect health and health care - Historical context of TFEU
3 important questions on EU competences in the fields of health and health care - Treaty provisions that might affect health and health care - Historical context of TFEU
Explain the historical context of art. 168 TFEU
At first, EU activity in the field of health since late 70s due to a broad interpretation of art. 352 TFEU
Treaty of Maastricht introduced an explicit legal basis provision
Then a Council Resolution on future action in the field of public health was introduced (93).
Treaty of Amsterdam: the wording of the treaty became stronger
Treaty of Maastricht introduced an explicit legal basis provision
- encouraging cooperation and lending support
- concerned with public health
- weak mainstreaming objective
Then a Council Resolution on future action in the field of public health was introduced (93).
Treaty of Amsterdam: the wording of the treaty became stronger
- emphasis on EU competences with regard to public health were made stronger
- introduction of a strong mainstreaming objective
- linked to mad cow disease
Explain mad cow disease
There was an export ban for beef products
- w/o proof of actual risks of consumers
- measures where adopted to re-assure the belief of consumers in the products
- strong economic goal + protection of health of citizens
How was it possible that EU institutions adopted directives regarding health before there were specific share competences in the treaties?
On different legal bases:
- Art. 114(3) TFEU: they used internal market provisions to adopt harmonizing measures
- Art. 9 TFEU: integration clauses: health protection as a goal should be integrated in all policy areas
- Art. 168 (1) TFEU: same integration clause
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