The economical approach of health in the european union
DOI:
https://doi.org/10.11606/issn.2316-9044.v9i2p151-189Keywords:
Court of Justice of the European Communities, Health, Negative Integration, Pharmaceutical Monopoly, Principle of PrecautionAbstract
This article aims to highlight how the European Union, throughout the activity of the Court of Justice of the European Communities, has been restricting the protection of health on the behalf of the European Common Market effectiveness. This is shown by the analysis of the most significant decisions related to health. It is noted that the notion of protection of health has been loosing its sense by the strict interpretation of the articles of the European Community Treaty, which actually allows the existence of measures in opposition to the European Law, in the name of the protection of certain major tenets, like the protection of health. In this context, the derogatory measures, pharmaceutical monopoly and principle of precaution find themselves almost weakling. This fact reveals the role played by the European Court through the negative integration process, inside the complex decisional context of the European Union, and its incapacity of establishing common goals in controversial but highly important domains like health.Downloads
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Published
2008-07-01
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The Revista de Direito Sanitário/ Journal of Health Law adopts the conditions of the Creative Commons Attribution 4.0 Internacional. This license allows to share - "copy and redistribute the material in any medium or format for any purpose, even commercially" and adapt - "remix, transform, and build upon the material for any purpose, even commercially." Details at: https://creativecommons.org/licenses/by/4.0/deed.en
How to Cite
Hernandes Correa, L. (2008). The economical approach of health in the european union . Journal of Health Law, 9(2), 151-189. https://doi.org/10.11606/issn.2316-9044.v9i2p151-189