EU competences in the fields of health and health care - Treaty provisions that might affect health and health care
5 important questions on EU competences in the fields of health and health care - Treaty provisions that might affect health and health care
Since the Lisbon treaty there is an intertwinement of legislative and executive functions, what does that mean?
- EC: proposes legislation
- Council and EP: decide
Co-decision procedure has become ordinary procedure
- art. 289 and 294 TFEU
- EP had become co-legislator in many areas
- shift to qualified majority voting
An array of EU regulatory and executive agencies operate in ... ?
Which are the competences of the EU in health after Lisbon IN PART 1 of the TFEU?
- Exclusive competences: NON regarding health
- Shared competences: only in common safety concerns in public health matters, limited to the aspects defined in the TFEU (art. 4(2) TFEU)
- art. 168 (4): EU can take harmonizing measures for a limited list of topics
- Coordinative competences: competent for coordinating, complementary or supporting action in the protection and improvement of human health
- art. 6 a TFEU
- there can be no harmonization in this regard
- remains the competence of MS
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Which distinction is made and why?
- public health
- organization of the health care system: up to MS
What other directive was established based on the internal-market provision?
- was it possible for the EU to adopt this directive?
- CJEU: the internal-market provision was the right legal basis
- if the conditions for recourse to art. 114 are fulfilled, public health may be a decisive factor
- this directive ensures free movement of goods complying with its provisions
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