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Law - International, Foreign and Comparative Law | Public Services and the European Union - Healthcare, Health Insurance and Education Services

Public Services and the European Union

Healthcare, Health Insurance and Education Services

Nistor, Laura

1st Edition., XIV, 446 p.

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  • Makes clear the objections
  • Member States have to EU law with respect to welfare services
  • Answers questions related to EU law and welfare systems 
  • Offers alternative solutions to the negative harmonization process

Patients travelling abroad to receive medical treatment, healthcare providers wishing to establish their seat or to provide services abroad, and students travelling abroad for education were faced with different barriers which have been declared illegal by the Court of Justice of the European Union. Member States started to use market mechanisms in their welfare systems and this triggered the application of the European internal market and competition rules. Fears related to whether all these would endanger the well-functioning of the welfare services have been raised by Member States. Several conflicts took shape: between national social interests and European Union economic interests; between individual interests and national general interests; between regulation and deregulation, centralization and decentralization.

The author shows that behind those fears actually protectionist measures are hidden and that the European Law provides sufficient safeguards for the national welfare systems. In particular academia professionals and practitioners will benefit from the approach taken in this book.

 

Dr. Laura Nistor is a Policy Officer in the DG Enterprise and Industry of the European Commission, Brussels, Belgium.

Content Level » Research

Keywords » Community law - Health and education - Proportionality principle - Services of general economic interest - Welfare state

Related subjects » International, Foreign and Comparative Law

Table of contents 

Introduction.- The organisation of welfare.- The reach of internal market rules.- The application of the rules on competition.- Positive and soft law.

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