Chapter

If Only It Were So Simple: Public Health Services and EU Law

Tamara K Hervey

in Market Integration and Public Services in the European Union

Published in print March 2011 | ISBN: 9780199607730
Published online May 2011 | e-ISBN: 9780191725258 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199607730.003.0007

Series: Collected Courses of the Academy of European Law

If Only It Were So Simple: Public Health Services and EU Law

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This chapter begins with a discussion of ‘public health services’ in the context of the EU's Member States in the 21st century. It then considers the current position of the relationships between EU law and public health services in two broad areas of EU law: EU competition, state aids, and public procurement law; and EU law on free movement of the factors of production, focusing on the free movement of services. Throughout, the chapter seeks to illuminate how the structures of EU law affect its relationships with public health services. One important feature of these relationships is a move from the conceptualization of public health systems as holistic entities, towards the idea that states provide, or create the conditions for the provision of, a set of atomized public health services. Finally, the chapter brings together the strands, to illuminate the nature of those structures, and to discuss why they are problematic as a basis for the future development of both EU law and public health service provision within the EU and its Member States. It concludes by proposing some lines for a more promising development of EU law, to be explored in more detail in future research.

Keywords: public health services; EU law; state aids; public procurement law; free movement

Chapter.  41497 words. 

Subjects: EU Law

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