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EU Competition and Internal Market Law in the Healthcare Sector

EU Competition and Internal Market Law in the Healthcare Sector Author Leigh Hancher
ISBN-10 0199642176
Release 2012-09-20
Pages 400
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This work gives an overview of the impact of EU competition rules and internal market law on healthcare systems in Europe. It covers EU law developments on patients' rights and Services of General Economic Interest (SGEI).



EU Health Systems and Distributive Justice

EU Health Systems and Distributive Justice Author Danielle Da Costa Leite Borges
ISBN-10 9781317240631
Release 2016-07-01
Pages 227
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EU Health Systems and Distributive Justice uses theories of distributive justice to examine tensions created by the application of the Internal Market rules to the provision of health care services within the European Union. Using the concepts and principles embedded in the theories of egalitarianism and libertarianism, this book analyses the impact of the Internal Market rules on common values and principles shared by European health systems, such as universality, accessibility, equity and solidarity. This analysis is conducted using the specific issue of cross-border health care. This book makes innovative contributions to the study of the relationship between EU health systems and the Internal Market – it encompasses the analysis of all principles recognised by EU institutions as guiding principles of European health systems; it integrates human rights law and practice into the discussion of the EU Court of Justice’s approach to patient mobility cases; and it assesses the potential impact of the Internal Market over EU health systems through the lens of distributive justice, looking at the underlying principles of these systems that are mostly concerned with social justice. Ultimately, this is not a book on EU law and health care, but it is a book on distributive justice, health care and the principles and policies guiding European health systems.



The Interface between Competition and the Internal Market

The Interface between Competition and the Internal Market Author Vasiliki Brisimi
ISBN-10 9781782254485
Release 2014-12-01
Pages 273
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This book explores the interface between competition law and market integration in the application of Article 102 of the Treaty on the Functioning of the European Union (TFEU), focusing on the notion of 'market separation'-namely conduct that may hinder cross-border trade. The discussion reviews, among other things, the treatment of geographic price discrimination and exclusionary abuse, by which out-of-state competitors are affected. 'Market separation' cases are treated in the book as a case study for appraising the interface between competition and the Internal Market. On this basis, the book provides a comparative analysis of the Treaty requirements under Article 102 TFEU when applied in 'market separation' cases and the Treaty requirements under the free movement provisions. In addition, it utilises 'market separation' cases as a springboard for advancing an informed reformulation of the application of Article 102 TFEU when state action comes into play. All in all, the analysis presented in the book deconstructs the elements for establishing 'market separation' as an abuse of the dominant position. It shows that there is nothing that would justify a distinctive treatment of 'market separation' under Article 102 TFEU, other than a principled understanding of Internal Market law as a whole: whatever understanding one reaches about the proper shape of the Internal Market, interrogation of the proper application of competition law comes after that and thus should be informed by this understanding.



Research Handbook on EU Health Law and Policy

Research Handbook on EU Health Law and Policy Author Tamara K. Hervey
ISBN-10 9781785364723
Release 2017-03-31
Pages 640
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The steady expansion of the European Union’s involvement in health over the past 20 years has been accelerated by recent events. This handbook offers an up-to-date analytical overview of the most important topics in EU health law and policy. It outlines, as far as possible, the direction of travel for each topic and suggests research agenda(s) for the future.



Capacity Mechanisms in the EU Energy Market

Capacity Mechanisms in the EU Energy Market Author Leigh Hancher
ISBN-10 9780191066177
Release 2015-09-24
Pages 400
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Ensuring an adequate, long-term energy supply is a paramount concern in Europe. EU member states now intervene by encouraging investment in generation capacity, offering an additional revenue stream for conventional power plants in addition to the existing, heavily subsidised investments in renewable energy sources. These capacity remuneration mechanisms (or simply capacity mechanisms) have become a hot topic in the wider European regulatory debate. European electricity markets are increasingly interconnected, so the introduction of a capacity mechanism in one country not only distorts its national market but may have unforeseeable consequences for neighbouring electricity markets. If these mechanisms are adopted by several member states with no supra-national coordination and no consideration for their cross-border impact, they may cause serious market distortions and put the future of the European internal electricity market at risk. This book provides readers with an in-depth analysis of capacity mechanisms, written by an expert team of policy-makers, economists, and legal professionals. It will be a first point of reference for regulators and policy-makers responsible for designing optimal capacity mechanisms in Europe, and will be an invaluable resource for academics and practitioners in the fields of energy, regulation, and competition.



Public Services in EU Law

Public Services in EU Law Author Wolf Sauter
ISBN-10 9781316195079
Release 2014-11-27
Pages
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In the EU public services, utilities and welfare services can be seen as both building blocks for the internal market and as a persistent irritant in the integration process. This book provides a comprehensive overview of the EU law on public services within the context of European integration. It brings together important analysis of the primary Treaty law, mainly on the internal market and competition, and of the secondary legislation at EU level, including different sector specific regimes. Particular attention is given to case law of the EU courts. This will be essential reading for those looking to have a broader understanding of the subject.



European Competition Law Annual 2012

European Competition Law Annual 2012 Author Philip Lowe
ISBN-10 9781782254812
Release 2014-10-31
Pages 522
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This volume contains papers presented at the 17th Annual EU Competition Law and Policy Workshop, organized by Philip Lowe and Mel Marquis and held at the European University Institute on 13-14 July 2012. From a variety of angles the book explores the themes of competition, regulation and certain public policies; their interactions; and, in some cases, their mutual tensions. The authors of the various chapters consider legal and economic issues relating to network industries, industrial, environmental and trade policies, and intellectual property and innovation policies, among others. Comparative views and the views of judges from different jurisdictions are provided, and techniques for mediating among different policy objectives and frameworks are discussed. Authors contributing to this book include: Rafael Allendesalazar, Robert D Anderson, Marco Boccaccio, Ginevra Bruzzone, Cristina Caffarra, Alexandre de Streel, Ian Forrester, Douglas Ginsburg, Geert Goeteyn, Calvin Goldman, Daniel Haar, KÃ1⁄4llike JÃ1⁄4rimäe, Suzanne Kingston, Lars Kjà ̧lbye, Paul Lugard, Mel Marquis, Veljko Milutinovic, Giorgio Monti, Anna Caroline MÃ1⁄4ller, Rosa Perna, Anthony Pygram, Philip Lowe, Pierre Régibeau and Jon Stern.



Health Systems Governance in Europe

Health Systems Governance in Europe Author Elias Mossialos
ISBN-10 9780521761383
Release 2010-03-25
Pages 762
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There is a fundamental contradiction at the core of health policy in the EU that makes it difficult to draw a line between EU and Member State responsibilities. This book thus offers a comprehensive discussion of a number of current and emerging governance issues in EU health policy.



European Union Health Law

European Union Health Law Author Tamara K. Hervey
ISBN-10 9781107010499
Release 2015-10-09
Pages 650
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The first holistic and thematic study of EU health law, and its implications, through its own internal logics.



The Internal Market as a Legal Concept

The Internal Market as a Legal Concept Author Stephen Weatherill
ISBN-10 9780192513861
Release 2016-12-22
Pages 300
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What does the 'internal market' mean? The EU is committed to the construction of an internal market, and in this analysis Stephen Weatherill explains that the EU's internal market is an ambiguous legal concept. One may readily suppose that the United Kingdom possesses an internal market. So does Germany, so does France, so does Australia, and Canada, and the United States of America. The European Union aspires to an internal market, but the detailed patterns governing these several internal markets are not uniform; in fact they vary according to the extent to which the constituent units are permitted to pursue different regulatory policies. They vary according to the scope of law-making competence and powers allocated to the central authority. They vary according to the governing institutional (judicial and political) arrangements. The quality and intensity of the regulated environment varies according to the choices made. There is a broad band of possible internal markets, ranging from one that is radically decentralized as a result of a choice in favour of unrestricted inter-jurisdictional competition to, at the other extreme, one that is radically centralized in the sense that law-making competence has been completely stripped away from the constituent units in favour of the central authority. Within that spectrum there is a huge range of options. In this inquiry into the limits and ambiguities of the internal market as a legal concept, Weatherill examines and explains the choices made by the EU and demonstrates what they entail for the shape of the EU's internal market. This book is not about 'Brexit', but it shows that one of the claims commonly made by Brexiteers - that the internal market can be confined merely to a deregulatory exercise in free market economics - has no support whatsoever in either EU constitutional law or in EU legislative and judicial practice.



Health Care and EU Law

Health Care and EU Law Author Johan Willem van de Gronden
ISBN-10 9067047287
Release 2011-05-18
Pages 506
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The aim of the present volume is to explore the consequences of the impact of the EU rules for the internal market (including the proposed Directive on patients’ rights) and competition on national health care systems. It will also address how related areas, such as EU public procurement law and WTO law, influence national healthcare organisation and Member State autonomy.



Public Procurement and the EU Competition Rules

Public Procurement and the EU Competition Rules Author Albert Sánchez Graells
ISBN-10 9781509900282
Release 2015-06-25
Pages 584
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Public procurement and competition law are both important fields of EU law and policy, intimately intertwined in the creation of the internal market. Hitherto their close connection has been noted, but not closely examined. This work is the most comprehensive attempt to date to explain the many ways in which these fields, often considered independent of one another, interact and overlap in the creation of the internal market. This process of convergence between competition and public procurement law is particularly apparent in the 2014 Directives on public procurement, which consolidate the principle of competition in terms very close to those advanced by the author in the first edition. This second edition builds upon this approach and continues to ask how competition law principles inform and condition public procurement rules, and whether the latter (in their revised form) are adequate to ensure that competition is not distorted. The second edition also deepens the analysis of the market behaviour of the public buyer from a competition perspective. Proceeding through a careful assessment of the general rules of competition and public procurement, the book constantly tests the efficacy of these rules against a standard of the proper functioning of undistorted competition in the market for public procurement. It also traces the increasing relevance of competition considerations in the case law of the Court of Justice of the European Union and sets out criteria and recommendations to continue influencing the development of EU Economic Law.



The Law of Payment Services in the EU

The Law of Payment Services in the EU Author Despina Mavromati
ISBN-10 9789041127006
Release 2008
Pages 308
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Using a dual focus on the historical development of EC financial services law and current trends in this highly evolving sector, this important book masterfully reveals and delimits the legal aspects of payments within the European Union and analyses the different legislative approaches to harmonization in financial services. The author shows that, despite the inherent sensitivity of the financial services sector and the rapid technological developments, a centralized EC initiative for payment services has the potential to bring about tangible results in terms of consumer protection and further EC integration.



State Aid Law of the European Union

State Aid Law of the European Union Author Claire Micheau
ISBN-10 9780198727460
Release 2016-03-03
Pages 656
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Rules controlling State aid and subsidies on the EU and the WTO level can have a decisive influence on both regulatory and distributive decision-making. This field of law has grown exponentially in importance and complexity over the past decades. Rules on State aid and subsidies control are one of the key instruments to ensure that public spending and regulatory measures do not lead to discriminatory distortions of competition. As a consequence, hardly any part of national law is free from review under criteria of State aid and subsidy regulation. In turn, State aid and subsidies law is linked to economic, constitutional, administrative law of the EU and the Member States as well as to public international law. This book brings together leading experts from academia, the judiciary, civil servants from the European Commission, and practicing lawyers to provide expert opinion and commentary on the diverse dimensions of the complex and vital area of law. Critically analysing and explaining developments and current approaches in State aid law and subsidies, the chapters take into account not only the legal dimensions but also the economic and political implications. They address the EU law applicable to State aid in the aftermath of the recent State Modernization reform, and coverage includes: an in-depth analysis of the notion of State aid as interpreted by the Court's cases-law and the Commission's practice; the rules on compatibility of State aid with the internal market; the rules governing the procedure before the Commission; the litigation before the Court of Justice of the European Union; and analysis of the other trade defense instruments, including WTO subsidy law and EU anti-subsidy law.



Health Care Law making in Central and Eastern Europe

Health Care Law making in Central and Eastern Europe Author André den Exter
ISBN-10 9789050952538
Release 2002-01-01
Pages 371
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This book examines the relevance of a theoretical model of health care lawmaking in several Central-Eastern European countries. Confronted with the legacy of the ancient regime, the countries selected shifted away from a 'socialist' model towards a more 'market-oriented' health care system. From a legal perspective, this change of system imposed on government the need for drastic reforms starting with the introduction of a compulsory health insurance scheme based on the notion of solidarity. Future accession to the EU, requiring the incorporation of the acquis communautaire, has increased the complexity of legal reforms since. Strengthening the reform process, the author developed a method of law-making based on legaltheoretical understanding. Case study research in three selected countries justifies the conclusion that the analytical model rationalises the law-making activity, including the 'EU law approximation process'. What is more, it became apparent that the importance of this theoretical model is not restricted only to the selected countries but may also be a valuable instrument for other countries in transition in the region. Health care law-making in Central and Eastern Europe - Review of a legal-theoretical model provides a unique resource for scholars and policy makers interested in legal reforms in Central- Eastern European health care systems.



The Regulation of the State in Competitive Markets in the EU

The Regulation of the State in Competitive Markets in the EU Author Erika Szyszczak
ISBN-10 9781847313775
Release 2007-08-31
Pages 322
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This book looks at the changing role and nature of the regulation of State intervention in the liberalised and privatised markets of the European Union. It examines how the traditional role of the State is now challenged by European Union law, and the implications for traditional public services provided by the State. For the first time in an academic work, the book brings together the interaction of the Internal Market and the Competition rules of the European Union when they are applied to State economic activity. Individual chapters examine specific rules which address squarely the permissible role of State activity in competitive markets, for example an examination of the State aid rules, the rules in Article 86 EC regulating State monopolies and the controversial application of Articles 81 and 82 EC to the State. Other chapters examine the processes of privatisation and liberalisation with case studies on the postal sector, utilities and telecommunications.



The Future of Medicines in Health Care

The Future of Medicines in Health Care Author Steering Committee on Future Health Scenarios
ISBN-10 0792336240
Release 1995-07-31
Pages 300
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The future place of medicines in health care is both exciting and uncertain. With an aging population, an increasing number of chronic sick, a growing range of treatment options and a developing European market, the one certainty is that medication patterns will change radically over the next 15 years or so. How the future might look, in terms of quality, volume and cost of pharmacotherapy, is the subject of this report. Four scenarios for the future are set out, all of which take account of already visible trends. Sobriety in sufficiency envisages rational and restrained consumption patterns. Risk of avoidance is dominated by fears of iatrogenic harm and hence minimal drug use. The central feature of Technology on demand, in contrast, is confidence in technological progress. Free market unfettered, finally, is marked by a Europe without frontiers and minimal state intervention. The reader is encouraged to reflect without preconceptions on the future of medicines in health care. No ready-made answers are offered; rather, a wealth of information and analysis is provided which serves to underpin decision making and policy development, not just by central government but also by every institution concerned with the role of medicines in health care.