Europe as one Zone - European Health Law & Policies: The Translation of Evidence into Norms

Full course description

This module looks at how Europe becomes one zone in relation to public health. 

We particularly examine the competence of the European Union in relation to health and public health. We consider, in detail, how a small number of health policies move through the legislative process from evidenced policy choices to law; particularly looking at the Cross-border Patient Rights Directive, and the General Data Protection Regulation. 
In order to do this, we will also critically evaluate the general European Union law, particularly in relation to public health and governance. We consider the relationship between Treaty Law, Regulations and Directives, and Policy Initiatives; and the relationship between institutions in the EU and Member States.

Background and setting:

The original purpose of the European project was purely economic, and this legacy is still visible in the primary focus in the EU treaties on the free movement for people, goods, services, and capital. The place of health in the European project is much more ambiguous. In part, the necessity for a direct Europe-wide response to public health has obvious harmonisation and Europeanisation goals; public health is necessary for the operation of ‘Europe’ on all levels. However, it is more difficult to see the competence of the Union in matters of private health care. In private health, the Union can only speak through its general economic competence. However, when it does speak on matters of health, there is a loud ambiguity between single market harmonisation and social federalist ideals. This is, of course, an expression of the ambiguity at the heart of the Europe project, and at the health of its history.