EU competences in the fields of health and health care - Treaty provisions that might affect health and health care - Article 352 TFEU as a legal basis provision to protect human health?
3 important questions on EU competences in the fields of health and health care - Treaty provisions that might affect health and health care - Article 352 TFEU as a legal basis provision to protect human health?
What shall the Council do according to art. 352 TFEU?
The council shall, acting anonymously, take the appropriate measures if
- action should prove necessary
- the treaty has not provided the necessary powers
When will this catch-all provision be used.
When there is no explicit competence, but EU action is necessary to reach a goal implemented in the treaty
- art. 2 TFEU
- art. £9 TFEU
Can art. 352 be used as a catch all provision in health measures?
According to the article you cannot go beyond the competences in the treaty.
- if harmonization is explicitly excluded, EU cannot use the article
- the flexibility clause cannot be used by the EU to adopt harmonizing measures regarding health
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