Abstract
The aim of this article is to show the relevance of healthcare in current EU Law and
Policy. Various provisions of the TFEU make explicit reference to healthcare, reflecting the
potential impact of EU actions in this field. Nevertheless, public health is a matter essentially
reserved to national policies, especially for what concerns the choices relating to the
management of healthcare systems. This study points out different legal bases that allow
the EU to adopt either harmonizing acts or ‘incentive measures’ to Member States’ actions
in order to protect and improve human health. Within this framework of complementary
(and overlapping) competences, it is worth examining to what extent individual needs are
taken into consideration in the ECJ’s case-law, particularly in light of the specific provision
of healthcare in the EU Charter of Fundamental Rights (Art. 35). So far, the Court has not
made reference to the fundamental individual right ‘to have access to preventive health care
and to benefit from medical treatment’ as set out in the first sentence of Art. 35. Indeed, this
study highlights the Court’s recent attitude towards relying extensively on the objective of
attaining a high level of protection of human health (Art. 35, second sentence of the Charter),
in connection with public policy interests. While dealing with the proportionality of restrictions
to fundamental rights and freedoms stemming from EU or Member States acts aiming
at the protection of health, the Court often strikes a balance with the other rights at stake,
acknowledging the primary role of human health among the interests protected in EU Law.
| Translated title of the contribution | [Autom. eng. transl.] HEALTH PROTECTION BETWEEN THE COMPETENCES OF THE EUROPEAN UNION AND THE MEMBER STATES |
|---|---|
| Original language | Italian |
| Title of host publication | LA TUTELA DELLA SALUTE NEL DIRITTO INTERNAZIONALE ED EUROPEO TRA INTERESSI GLOBALI E INTERESSI PARTICOLARI |
| Pages | 119-153 |
| Number of pages | 35 |
| Publication status | Published - 2017 |
UN SDGs
This output contributes to the following UN Sustainable Development Goals (SDGs)
-
SDG 3 Good Health and Well-being
Keywords
- Carta dei diritti fondamentali dell'UE
- Charter of Fundamental Rights
- Diritti dell'uomo
- Healthcare
- salute
- sanità pubblica
- unione europea
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