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Articles de revues sur le sujet "Medical care – Law and legislation – European Union countries"
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Yarema, O., et O. M. Ilyushyk. « Legal aspects of electronic document management in telemedicine ». Analytical and Comparative Jurisprudence, no 6 (18 février 2023) : 218–24. http://dx.doi.org/10.24144/2788-6018.2022.06.39.
Texte intégralRésumé :
In the article from the standpoint of the theory of administrative and information law, based on the current legislation and regulatory requirements of the European Union, the theoretical and practical aspects of electronic document flow in telemedicine are considered. The topicality of the topic determined by the need to improve the legislation with the aim of comprehensive theoretical justification of increasing the effectiveness of telemedicine activities in the conditions of digital transformation of Ukraine. In the course of the study, the methodology of a systematic complex analysis of legal phenomena was applied using factorial and evolutionary methods of research. It is indicated that in the countries of the European Union, three main models of health care information systems have been formed, which differ in the ways of storing medical information and management: decentralized, centralized and patient-oriented. It was noted that the main legal issues of the renewal of the medical system of Ukraine and the directions of activity in the conditions of reform include telemedicine, and its component - electronic document flow. The essence and features of electronic document management in telemedicine in the countries of the European Union have been clarified. The electronic health care systems of individual countries of the European Union considered, attention is paid to the experience of use. The state of legal provision of information security in telemedicine with regard to electronic document flow studied, taking into account the experience of the countries of the European Union. The analysis of ensuring information security in the context of personal data in the medical systems of European countries and Ukraine was carried out. The further vector and direction of the development of the national health care system in terms of the Concept of the development of electronic health care, which is important for medical care and rehabilitation of citizens who suffered during the war, was determined. Important aspects and measures to optimize activities in the field of telemedicine highlighted, which need to be paid attention to during further reform and creation of new digital resources for a more comfortable transition and use of the latest digital technologies in the field of health care.
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Туренко, Д. В. « Issues of Legal Regulation of Applying Coercive Measures of Medical Nature in International and Legal Acts and Legislation of Certain Foreign Countries ». Law and Safety 80, no 1 (19 mars 2021) : 173–79. http://dx.doi.org/10.32631/pb.2021.1.24.
Texte intégralRésumé :
The author has researched the main provisions of legal regulation in international and legal acts and national laws of some European Union countries and other foreign countries, where the possible application of coercive measures of a medical nature by courts, as well as decisions of the European Court of Human Rights on this category of criminal proceedings are regulated. The basic provisions, norms and differences of legal regulation of the application of coercive measures of medical nature in the legislation of certain foreign countries have been established. The implementation of international legal acts into national criminal, criminal procedural and other legislation has been analyzed. Based on the results of the research, the author has formulated a number of propositions and recommendations for the introduction into the legislative technique of Ukraine. Besides, the author has studied national theoretical issues of criminal law and criminal proceedings, as well as applied issues in this area of the research within law-enforcement activities of pre-trial investigation and inquiry agencies, prosecutor’s office and, in particular, procedural commissioners of pre-trial investigation. The scientific views of individual scholars and representatives of scientific schools on the researched issues have been also considered, and the relevant author’s opinions have been expressed. The author has characterized joint law-enforcement activities, problematic issues of law enforcement agencies and psychiatric medical institutions during the pre-trial investigation of criminal proceedings of this category, problematic issues and the existing system for providing psychiatric care to insane persons, as well as certain areas of cooperation in criminal and judicial proceedings. According to the results of the study, the author has suggested a number of propositions and recommendations for improving the theory of criminal law and criminal proceedings, law-enforcement activity and current criminal and criminal procedural legislation of Ukraine.
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Skrzypek, Michał, Lucyna Pachocka, Karolina Goral et Adamina Partycka-Skrzypek. « Selected determinants of the professional identity of dietitian in the context of legal regulations on the practice of dietitian in Poland and the European Union ». Polish Journal of Public Health 128, no 2 (1 juin 2018) : 63–68. http://dx.doi.org/10.2478/pjph-2018-0011.
Texte intégralRésumé :
Abstract The subject of the article is the present status of the profession of dietitian in the Polish healthcare system, taking into account the analysis of the current legislation in force that defines the principles of employment of dietitians and the practice of the dietitian in Poland in the context of relevant provisions of the EU law, with emphasis on the position of dieticians in the health-care systems of selected European Union countries. The study advances the thesis that the current status of the profession of dietitian in Poland reflects its incomplete professionalization manifested in the lack of legal regulations on the principles of its practice that are applied in the case of other medical professions. A consequence of the present, comparatively low status of the profession of dietitian in Poland is, inter alia, the hindered availability of professional clinical dietetics counseling under public health insurance, as well as the practice of the profession as a business activity by individuals whose professional qualifications are not subject to verification by professional regulatory bodies. This produces a risk to patients, arising from the fact that interventions not verified by the EBM paradigm are nevertheless implemented as part of dietary counseling.
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Ivanenko, Dmytro, et Nataliia Hlushchenko. « LEGAL ASPECTS OF INTELLECTUAL PROPERTY IMPACT ON AVAILABILITY OF MEDICINES IN UKRAINE ». Law Journal of Donbass 76, no 3 (2021) : 39–44. http://dx.doi.org/10.32366/2523-4269-2021-76-3-39-44.
Texte intégralRésumé :
The right of a person to access medicines is derived from the right to health. At the time of the establishment of fundamental human rights, the issue of lack of access to medical supplies was not considered a violation of human rights. The spread of pandemics has led to the gradual recognition of the right of access to medicines. The TRIPS agreement fundamentally reformatted the discussion on access to medicines. Prior to the TRIPS Agreement, states had considerable independence in the formation and implementation of state policy in the field of intellectual property. TRIPS obliges countries to provide pharmaceutical patents. The growing influence of the international patent system has aroused widespread interest and concern about the impact on access to medicines. The Doha Declaration on the TRIPS Agreement defines the importance of the implementation and interpretation of the Agreement in the most favorable way for the protection of public health by making available to the public existing medicines and creating conditions for the production of new ones. Ukraine is on the way to creating its own legislation in the field of intellectual property. Art. 219 of the Association Agreement between Ukraine and the European Union contains provisions according to which the parties recognize the importance of the Declaration on the TRIPS Agreement in the field of health care. Positive changes in the field of intellectual property include the provisions of the Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine on the Reform of Patent Legislation» № 816-IX as of 21.07.2020. This law limited the range of objects to be patented. The implementation of these legislative changes is impossible without a proper methodology for the examination of novelty. Reforming the national system of intellectual property protection has created good preconditions for the formation of a civilized pharmaceutical market in Ukraine. Among the areas of legislation in Ukraine, there is an urgent need to form an institution of compulsory licensing. A separate area is the introduction of the pre-grant and post-grant procedures of the opposition. An important area of legislative work is the formation of a favorable domestic policy for innovation and invention in the field of medicine and biotechnology.
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Kozhura, Liudmila, Svitlana Zadereiko et Andrii Omelchenko. « SYSTEM OF ECONOMIC MEANS OF STATE ADMINISTRATION OF THE RIGHTS OF PEOPLE WITH DISABILITIES TO HEALTHCARE ». Baltic Journal of Economic Studies 7, no 4 (27 septembre 2021) : 101–7. http://dx.doi.org/10.30525/2256-0742/2021-7-4-101-107.
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At the current stage of the development of society the problem of social protection and state support for people with disabilities is particularly relevant and requires reform and improvement. Ukraine, as a country aspiring to join the European Union, should take into account the best foreign experience of the leading countries of the world in the field of state policy to support people with disabilities and its implementation. The process of reforming the national healthcare system demonstrated the ineffective policy in this area, the high level of corruption and the inability to transform this system to the level of world standards of medical care, especially for people with disabilities. The problem of disability in Ukraine is becoming particularly acute. The goal of this article is to investigate the system of economic means of state administration of the rights of people with disabilities to healthcare, to identify the areas of budgetary management and the formation of a new mechanism of economic administration. Scientific analysis was carried out by using the method of systematic approach and analysis, which enabled us to study theoretical aspects of economic methods of state administration of the right of people with disabilities to healthcare, formation of the budget management in Ukraine for the economic security of the rights to healthcare, and features of the new mechanism of the economic administration of the right of people with disabilities to health care. It has been researched that along with administrative methods of state management of the right to health protection of people with disabilities the economic group of methods is important. These include programs of economic development of health care, rehabilitation programs for people with disabilities, implementation of pilot projects to change the mechanism of financial support for operative treatment, etc. Methods of regulating influence (indirect management) are becoming increasingly important, and economical methods of management belong to them. Implementation ensures that the financial and material interests of the management objects are satisfied through the activities of its subjects, which create favorable conditions for achieving the goals and objectives of management. For example, local self-government bodies, within the limits of their competence, can finance local programs for the development and support of community healthcare institutions. In 2019, a new mechanism of rehabilitation support for children with disabilities was introduced based on the principle of "money follows the people", which should ensure targeting, transparency and improve the quality of rehabilitation services. Resources are divided vertically among regional bodies, which divide budgetary funds among local bodies in proportion to the number of children who require rehabilitation measures, according to the place of their residence (location). The national legislation also reflects the norms that created the conditions for the implementation of the right to work of people with disabilities, as well as ratified Convention on the Rights of Persons with Disabilities and the ILO Convention on professional rehabilitation. From the point of view of the Ministry of Healthcare of Ukraine, the funds allocated by the state are extremely insufficient for the uninterrupted functioning of the medical system. In its budget memorandum for 2021 the ministry has allocated twice as much – 296 billion UAH, 225 billion UAH of which for the implementation of the medical guarantee program (which is 5% of GDP, as required by the Law of Ukraine "On State Financial Guarantees of Medical Services to Population"). But the proposals of the Ministry of Health both at the time of formation of the state budget and at the time of its approval were not taken into account. The requirement of the Law of Ukraine "On State Financial Guarantees of Medical Services to the Population" for the establishment of financing of the program of medical guarantees at the level of 5% of GDP was lengthened for one more year.
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Putkonen, Hanna, et Birgit Vollm. « Compulsory psychiatric detention and treatment in Finland ». Psychiatric Bulletin 31, no 3 (mars 2007) : 101–3. http://dx.doi.org/10.1192/pb.bp.106.009472.
Texte intégralRésumé :
Despite efforts to integrate and harmonise legislation across the member states of the European Union (EU), mental health legislation, including legislation for the detention and treatment of offenders with mental disorders, differs widely across Europe. With changes to the Mental Health Act 1983 in the UK currently underway, investigating the different approaches to compulsory psychiatric care in other countries can be a stimulating and worthwhile exercise. We explored the Finnish mental health law with regard to compulsory admission and treatment and forensic care. Relevant differences between the Finnish approach and legislation in other European countries will be discussed.
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Akulin, Igor M., Ekaterina A. Chesnokova, Umberto Genovese, Roman A. Presnyakov et Anastasia E. Pryadko. « Legal regulation of the transmission of health-related data : Balance of public interests and individual rights in the context of cross-border health care ». Vestnik of Saint Petersburg University. Law 12, no 2 (2021) : 419–40. http://dx.doi.org/10.21638/spbu14.2021.211.
Texte intégralRésumé :
The article provides a comparative analysis of the regulatory and legal regulation for the processing of a special category of personal health data in the European Union and in the Russian Federation in regard to the digitalization of national health systems. Special attention is paid to the legal framework for the transmission of health information at the cross-border level. It is established that within the framework of European and Russian legislation at this stage, in the context of the formation of digital medicine, there is a comparability in the definition of legal mechanisms for the protection of medical data. It is also noted that in the issue of the transfer of personal health data to third countries, both the Russian Federation and the European Union choose the path of strict restrictive regulation and the introduction of a closed list of grounds for overcoming the ban on cross-border transfer. The reasons for this approach to issues of supranational interaction in healthcare are analyzed, as well as the potential risks of inertia of national legislators in this issue. Based on the analysis, the authors propose a number of amendments and additions to the national legislation on personal data, aimed at simplifying the interaction between jurisdictions on the transfer of confidential medical information. The authors suggest an international agreement on the exchange of medical data in digital format, which potentially should include not only the Russian Federation and the EU states, but also other countries, including Eurasian Economic Union member states, China, and countries of the American continent. The proposed concept is intended to create an opportunity for the formation of a supranational information system in the field of healthcare, which allows for the effective exchange of medical data, taking into account the sovereign interests of the countries participating in the agreement.
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Busardò, Francesco Paolo, Matteo Gulino, Simona Napoletano, Simona Zaami et Paola Frati. « The Evolution of Legislation in the Field of Medically Assisted Reproduction and Embryo Stem Cell Research in European Union Members ». BioMed Research International 2014 (2014) : 1–14. http://dx.doi.org/10.1155/2014/307160.
Texte intégralRésumé :
Medically Assisted Reproduction (MAR), involving in vitro fertilisation (IVF), and research on embryos have created expectation to many people affected by infertility; at the same time it has generated a surplus of laws and ethical and social debates. Undoubtedly, MAR represents a rather new medical field and constant developments in medicine and new opportunities continue to defy the attempt to respond to those questions. In this paper, the authors reviewed the current legislation in the 28 EU member states trying to evaluate the different legislation paths adopted over the last 15 years and highlighting those EU countries with no specific legislation in place and MAR is covered by a general health Law and those countries in which there are no laws in this field but only “guidelines.” The second aim of this work has been to compare MAR legislation and embryo research in EU countries, which derive from different origins ranging from an extremely prohibitive approach versus a liberal one, going through a cautious regulatory approach.
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Martirosyan, E. G. « Legal Regulation of the EU Common Agricultural Market ». Journal of Law and Administration 16, no 2 (26 juin 2020) : 89–97. http://dx.doi.org/10.24833/2073-8420-2020-2-55-89-97.
Texte intégralRésumé :
Introduction. The article presents the analysis of legal regulation on the agricultural market of the European Union. The high growth of international economic integration, contributing to the intensification of interstate cooperation for the simplified movement of goods and services induces the harmonization of regulatory and legislative frameworks to develop uniform mechanisms of legal regulation. The diversification of agricultural exports should be considered as one of the highly promising, priority and sustainable trends of agricultural policy. EU law requirements must be taken into account by organizations engaged in foreign economic activities of food supplies. The article gives the updated analysis of the Eurasian Union regulatory framework in the sphere of agricultural products. Materials and methods. The methodological basis of the study comprises the universal dialectic method of scientific knowledge, general scientific methods (analysis, synthesis, analogy, induction, deduction, modeling, etc.), particular scientific (logical-legal method, comparative legal method of systemic analysis, etc.). Methods of content analysis of legal documentation, allowing to study key trends in the legal regulation and policies of the European Union in relation to the agricultural market were also used.The results of the study. The conducted analysis revealed that there is a confusing situation in the European Union legislation about the agricultural market. The exceptional attitude to agriculture in the European Union legislation was widely under-mined, which led to serious consequences not only for the interpretation of agricultural provisions in EU law, but also for the legal provisions about the agricultural market in other countries. The article also analyzes the changes in legislation that pave the way for a deeper understanding of agricultural law in the European Union after the reforms introduced by the Lisbon Treaty.Discussion and conclusion. Since 1974, the European Union has developed a wide range of legislative provisions related to agriculture. Pursuant to EU treaties, animals are recognized as living creatures, and therefore the EU and Member States must take due care of animal welfare requirements preparing and implementing policies in agriculture or on the domestic market. Currently, EU legislation on the welfare of farm animals contains specific provisions for the cultivation of poultry, calves and pigs, as well as to all types of agricultural machinery and livestock slaughter. Nevertheless, there are contradictions between the EU Member States stemming from the legal regulation of the common agricultural market in the European Union.The author concludes that the EU food law is comprehensive and aimed to provide consumers with safe and high-quality products, subject to timely and comprehensive information about possible risks. Taking into account the experience of the European Union in the development and correction the relevant legislative system will significantly increase the effectiveness of the measures to increase the export potential of domestic products.
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Matveevskaya, Anna S., Sergei N. Pogodin et Juntao Wang. « Problem of human rights violations during the migrant crisis in Europe ». Vestnik of Saint Petersburg University. Philosophy and Conflict Studies 37, no 3 (2021) : 508–15. http://dx.doi.org/10.21638/spbu17.2021.311.
Texte intégralRésumé :
The aim of this study was to identify how Europe’s migrant crisis affected human rights in the European Union. It focuses on the observance of fundamental human rights in the context of migration. Violations directly related to migrants and refugees are considered. Human rights law is the most universal and general branch of law on which all other laws rely. The issue of observance of these rights becomes even more critical in regard to forced migration. While these rights are guaranteed to ‘all members of the human family’, there are conditions under which universally recognized human rights should be protected and justified with particular care. Obviously, inalienable human rights may easily be compromised when it comes to prisoners or refugees. Ensuring human rights in the European Union is based on a variety of international treaties, EU regulations and internal legislation of the member countries which have adopted high standards in the field of human rights protection. With regard to the right to asylum as an essential component of the human rights law, it can be stated that an unprecedented level of integration has enabled the EU to establish a pan-European asylum system based on the standards enshrined in the 1951 Geneva Convention and the 1967 Additional Protocol, as well as to gain considerable experience in dealing with migrants and refugees and ensuring their inalienable rights. In general, legislation in this area is constantly being improved and it reflects modern challenges and threats. The member countries of the European Union are on the way to developing a unified approach to migration policy and international protection issues. However, the asylum system is imperfect and has numerous gaps, which have been repeatedly mentioned by experts and members of the academic community even before the migrant crisis began.
Thèses sur le sujet "Medical care – Law and legislation – European Union countries"
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D'ANDREA, Sabrina. « Fluctuating conceptions of gender equality in EU law : a conceptual, legal and political analysis of EU policy, law and case law concerning work and care (1980-2020) ». Doctoral thesis, European University Institute, 2021. https://hdl.handle.net/1814/70998.
Texte intégralRésumé :
Defence date: 27 April 2021Examining Board: Professor Claire Kilpatrick (European University Institute); Professor Ruth Rubio Marín (Universidad de Sevilla); Professor Sophie Robin-Olivie (Paris 1 Panthéon-Sorbonne); Professor Annick Masselot (University of Canterbury)
Gender equality is a complex and debated concept; feminist scholarship and legal philosophy still struggle to define this notion. The EU context is no exception, as within the European project and literature, conceptions of gender equality have fluctuated. Existing literature has only given limited accounts of the different meanings of gender equality and has failed to identify the variables and reasons for this fluctuation in EU policy and case-law. In order to fill this gap, the present thesis takes onboard the challenge to uncover how the meaning of gender equality has shifted in the EU, across time, policy field and institutions. It starts by developing a theoretical frame which distinguishes between the possible aims of gender equality policy and the legal strategies employed by gender equality policy. It then applies this frame to four decades of EU policy regarding work and care, from 1980 to 2020, and questions to which extent these different gender equality conceptions and strategies have served the aim of women’s emancipation, assessing their effect on the gendered division of care and on the provision of social protection. The thesis shows that the main variable of fluctuation of gender equality conceptions has been the policy issue at stake: while the EU has employed formal equality in certain areas of law, it has been more prone to allow for substantive strategies for equality in others, depending on political priorities and opportunities. The conclusion explains these findings and reflects on the political conveniences of gender equality conceptions. It makes a theoretical, political and normative contribution to existing literature and debates concerning gender equality in the EU and gives directions for future gender equality policy.
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STAVROULAKI, Theodosia. « Integrating healthcare quality concerns into a competition law analysis : mission impossible ? » Doctoral thesis, 2017. http://hdl.handle.net/1814/49704.
Texte intégralRésumé :
Defence date: 22 December 2017Examining Board: Professor Giorgio Monti, European University Institute (Supervisor); Professor Hans-Wolfgang Micklitz, European University Institute; Dr. Okeoghene Odudu, University of Cambridge; Professor Daniel Sokol, Levin College of Law, University of Florida
Healthcare markets have started being created in Europe. Indeed, some European countries, such as the UK and the Netherlands, have started adopting the choice and competition model for healthcare delivery. Taking as a starting point that as health systems in Europe move towards market driven healthcare delivery, the application of competition law in these systems will increase, the goal of this doctoral thesis is (a) to identify some of the competition problems that may be raised in light of the reality that especially in hospital and medical markets the pursuit of competition and the pursuit of essential dimensions of healthcare quality may inevitably clash (b) to demonstrate that competition authorities would be unable to address some of these competition problems if they did not pose and address a fundamental question first: how should we define and assess quality in healthcare? How should we take healthcare quality into account in the context of a competition analysis? In delving into these questions, this doctoral thesis explores how the notion of healthcare quality is defined from antitrust, health policy and medicine perspectives and identifies three different models under which competition authorities may actually assess how a specific anticompetitive agreement or hospital merger may impact on healthcare quality. These are: (a) the US market approach under which competition authorities may define quality in healthcare strictly as choice, variety, competition and innovation (b) the European approach under which competition authorities may extend the notion of consumer welfare in healthcare so that it encompasses not only the notions of efficiency, choice and innovation, but also the wider objectives and values European health systems in fact pursue (c) the UK model under which competition authorities may cooperate with health authorities when they assess the impact of a specific transaction on healthcare quality. The thesis identifies the main merits and shortcomings of these models and emphasizes that what is crucial for the adoption of a holistic approach to healthcare quality is not only the model under which healthcare quality is actually integrated into a competition analysis but also competition authorities’ commitment to protect all dimensions of this notion.
Chapter IV ‘Integrating healthcare quality concerns into the US hospital merger cases : a mission impossible’ of the PhD thesis draws upon an earlier version published as an article 'Integrating healthcare quality concerns into the US hospital merger cases : a mission impossible' (2016) in the journal 'World competition'
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MAKARA, Kamila. « The development of patients' rights in cross-border health care and its impact on the member states of the European Union ». Doctoral thesis, 2012. http://hdl.handle.net/1814/25201.
Texte intégralRésumé :
Examining Board: Professor Marie-Ange Moreau, Lumière University Lyon 2, (EUI Supervisor); Professor Loïc Azoulai, European University Institute; Professor Achim Seifert, University of Jena; Professor Łukasz Pisarczyk, University of Warsaw.Defence date: 17 November 2012
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
The impact of the EU law on patients' rights in cross-border health care on national health care systems was subject to many fervent debates among European academics. For all the rhetoric of that debate, beneath it lies an attempt to delimit the boundaries of EU competences. These were determined by the Court’s interpretation of the Treaties. However, the recent development of patients' rights has escaped the boundaries of this interpretation and broadened the influence of patients' free movement rights into social fields. The primary concern is to answer the question about the cause which brought the Member States to give up their sovereignty for the sake of the internal market and about the effects of these sacrifices for the EU, the States and European citizens respectively. The detailed analysis of the development of EU law on cross-border health care proves that this system was an inescapable result of the decisions taken decades ago. Furthermore, by examining the different definitions and meanings of the European Social Model, the argument is explored that EU law on patients' rights, in its present form, can be considered to be not only a factor enriching the European Social Model but also an actual part of it. A new type of solidarity among the Member States and the citizens of the European Union exists, namely functional solidarity. The subject of cross-border health care has been analysed by academics in all possible ways. However, the points of view of the countries that only recently joined the Union are different to the points of view of the states that participated in the creation of the cross-border health care system. The aim of this thesis is to contribute to the debate by placing focus on the fact that there is a very important difference between the effects caused by the development of the cross-border health care systems in "Old” and "New” Member States. The thesis will describe the impact of EU law on cross-border health care in the national systems and the opposition raised against it. The objective of this work is specific. It aims to underline the difference in the impact of cross-border health care on "Old” and "New” Member States, as well as the different interests of these two groups of states in relation to EU health care policy. The intention is not only to give an empirical impression of the impact of European integration on the set-up of healthcare states, but also to explore the different tensions caused by the cross-border health care system and the different expectations of it. An attempt will be made to prove that the relation between the EU law and the national health care systems was built on two-way influence. Not only did the Member States alter their health care systems to accommodate the rules of the internal market, but that the system of co-ordination of social security also had to be adapted in order to fit the multiple national systems.
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DA, COSTA LEITE BORGES Danielle. « European health systems and the internal market : towards new paradigms and values for the provision of health care services ? » Doctoral thesis, 2013. http://hdl.handle.net/1814/30898.
Texte intégralRésumé :
Defence date: 1 February 2013.Examining Board: Professor Marise Cremona, European University Institute (Supervisor); Professor Christopher Newdick, University of Reading (External Co-Supervisor); Professor Claire Kilpatrick, European University Institute; Professor Vassilis Hatzopoulos, Visiting Professor at the College of Europe.
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
Using theories of distributive justice as its point of departure, this thesis deals with the tensions created by the application of the Internal Market rules to the provision of health care services within the European Union (EU). The main aim of the work is to analyse the impact of the Internal Market rules on common values and principles shared by European health systems, such as universality, accessibility, equity and solidarity. Moreover, it also aims to contribute to a more comprehensive and balanced interpretation of the role of the provision of health services in the context of the Internal Market and European Union law. The analysis developed in this thesis is conducted using the specific issue of cross-border health care, which has been chosen to demonstrate how solid values guiding European health systems can be affected by EU law and libertarian ideas. The work is divided into six chapters. The first chapter is devoted to a literature review regarding the questions of the special moral importance of health care and of theories of distributive justice used to justify the allocation of this special good among individuals. The discussion about theories of distributive justice and health care also includes the argument concerning the role of the market in health care provision. The second chapter focuses on the development of social rights of citizenship and its relationship with the welfare state. This includes the analysis of the meaning of solidarity and the concepts of European citizenship, both at national and supranational levels. The third chapter concentrates on the provision of health services at the national level. It begins by presenting a historic overview of the development of welfare services in the field of health care in Europe. Then there is an explanation of the models for financing and delivery of health care as well as their guiding principles. The fourth chapter analyses the framework of health services provision at the European level. It includes the analysis of EU legislation, such as Treaty provisions and secondary legislation, as well as the jurisprudence of the European Court of Justice (ECJ) on health services, as for example, cross-border health care and competition law cases. The fifth chapter looks at human rights law and documents in the field of health, outlining their relationship with theories of distributive justice and the provision of health care. Finally, the last chapter identifies the new paradigms and values introduced by the Internal Market rules in the field of health care, outlining their relationship with a libertarian view of health care. This chapter also examines how these new paradigms and values affect the principles of universality, accessibility, equity and solidarity at the national level, drawing conclusions about the role of the European Union in the realm of health care.
Livres sur le sujet "Medical care – Law and legislation – European Union countries"
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Erika, Szyszczak, Neergaard Ulla, Krajewski Markus et SpringerLink (Online service), dir. Health Care and EU Law. The Hague, The Netherlands : T.M.C.ASSER PRESS and the author, 2011.
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Bernhard, Maassen, et Whaite Robin, dir. In vitro diagnostic medical devices : Law and practice in five EU member states : France, Germany, Italy, Spain, and the United Kingdom. Dordrecht : Kluwer Academic Publishers, 1994.
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European Union health law : Treaties and legislation. Apeldoorn, The Netherlands : Maklu, 2012.
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Hervey, Tamara K., Anne-Maree Farrell, Mark L. Flear et Thérèse Murphy. European law and new health technologies. Oxford, United Kingdom : Oxford University Press, 2013.
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Health systems governance in Europe : The role of European Union law and policy. New York, N.Y : Cambridge University Press, 2010.
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Mossialos, Elias. Health systems governance in Europe : The role of European Union law and policy. New York, N.Y : Cambridge University Press, 2010.
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Pöttgen, Nicole. Medizinische Forschung und Datenschutz. Frankfurt am Main : P. Lang, 2008.
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Pöttgen, Nicole. Medizinische Forschung und Datenschutz. Frankfurt am Main : P. Lang, 2008.
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Hervey, Tamara K., et Jean V. McHale. Health Law and the European Union. Cambridge University Press, 2009.
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Health Law and the European Union (Law in Context). Cambridge University Press, 2004.
Trouver le texte intégralChapitres de livres sur le sujet "Medical care – Law and legislation – European Union countries"
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Kozerska, Ewa, et Tomasz Scheffler. « State and Criminal Law of the East Central European Dictatorships ». Dans Lectures on East Central European Legal History, 207–39. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.ps.loecelh_9.
Texte intégralRésumé :
The chapter is devoted to discussing constitutional and criminal law as it existed in selected countries of Central and Eastern Europe between 1944 and 1989 (Czechoslovakia, the German Democratic Republic, Romania, Hungary, and Poland). As a result of the great powers’ decisions, these countries came under the direct supervision of the Soviet Union and adopted totalitarian political solutions from it. This meant rejecting the idea of the tripartite division of power and affirming the primacy of the community (propaganda-wise: the state pursuing the interests of the working class) over the individual. As a result, regardless of whether the state was formally unitary or federal, power was shaped hierarchically, with full power belonging to the legislative body and the body appointing other organs of the state. However, the text constantly draws attention to the radical discrepancy between the content of the normative acts and the systemic practice in the states mentioned. In reality, real power was in the hands of the communist party leaders controlling society through an extensive administrative apparatus linked to the communist party structure, an apparatus of violence (police, army, prosecution, courts, prisons, and concentration and labor camps), a media monopoly, and direct management of the centrally controlled economy. From a doctrinal point of view, the abovementioned states were totalitarian regardless of the degree of use of violence during the period in question. Criminal law was an important tool for communist regimes’ implementation of the power monopoly. In the Stalinist period, there was a tendency in criminal law to move away from the classical school’s achievements. This was expressed, among other means, by emphasizing the importance of the concept of social danger and the marginalization of the idea of guilt for the construction of the concept of crime. After 1956, the classical achievements of the criminal law doctrine were gradually restored in individual countries, however – especially in special sections of the criminal codes – much emphasis was placed on penalizing acts that the communist regime a priori considered to be a threat to its existence. Thus, also in the field of criminal law, a difference was evident between the guarantees formally existing in the legislation and the criminal reality of the functioning of the state.
Actes de conférences sur le sujet "Medical care – Law and legislation – European Union countries"
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Sovova, Olga. « ERA OF DIGITIZATION : RE-DESIGNING PRIVACY PROTECTION IN HEALTH CARE ». Dans NORDSCI International Conference Proceedings. Saima Consult Ltd, 2019. http://dx.doi.org/10.32008/nordsci2019/b2/v2/31.
Texte intégralRésumé :
The paper examines the issue arising when delivering healthcare in the modern information society. Throughout the past decade, the Internet has seen a significant rise of the "Web 2.0" trend, which carried on its wings a health industry trend often referred to as "Health 2.0" or "Medicine 2.0". More recently, we have also witnessed the crowning of concepts such as Health Social Media, eHealth and mHealth. European Union as well as the national states develop strategies implementing new technologies for personal and medical data sharing, including the prescription of medicals as well as their validation through websites. Healthcare data privacy and security is one of the top challenges, healthcare providers face. The huge amount of data the medical care generates holds potential for researchers, providers, pharmaceutical companies as well as for doctors, who can use it to improve care or find new treatments and insights into disease. The key issue to examine is how to balance the competing interests of privacy and data-sharing and not exclude the patient as a holder and owner of the information. The paper addresses the issue of privacy protection in digitized healthcare, using the analysis of the legislation and case-law of the Czech Republic, stressing the demands for human rights and privacy protection of a member state of the European Union. The paper introduces several proposals for providers on how to re-design digital healthcare with respect to laws and patients´ rights. The paper concludes that even modern and digitized medicine is based not only on evidence and modern technologies but also on human interaction and face-to-face approach and trust between the doctor and patient.