Public Services and the European Union: Healthcare, Health Insurance and Education Services
Politically sensitive and economically important, welfare services such as health care, health insurance and education have opened up a heated debate in the EU. The application of EU law to welfare services raises discontent from the part of the Member States who perceive their systems to be under threat. Resisting to the application of the EU law is sometimes seen as part of protecting those values. This book suggests that this resistance is largely unjustified. EU law is not damaging to welfare systems, but it provides adequate balancing mechanisms to ensure that all interests are protected. The approach taken in analysing the impact of EU law on welfare services is to look at the negative integration process and answer the questions related to the extent to which EU law applies to welfare services and the kinds of safeguards the Court offers for these services. The proportionality principle distinguishes itself as the central element in balancing national and Community interests. Being part of the broader integration process, negative harmonization creates legislative lacunae, and therefore, this book also looks at alternative solutions to the negative harmonization process, namely positive and soft law.
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101 TFEU ex abroad activities Altmark application of competition apply Article 101 TFEU Article 81 EC Article 95 authorisation balance benefits citizenship Commission competence competition law competition rules considered costs Council Court ruled cross-subsidisation decided decision determine diplomas Directive economic interest ensure entrusted establishment European Communities European Parliament European Union law ex Article 86(2 exclusive rights exemption FENIN field framework free movement provisions funds granted harmonisation health and education health insurance healthcare hospital Ibid important infringement integration internal market issues justified legal basis legislation Maastricht Treaty measures necessary non-economic objectives obligations organisation patients predatory pricing problems programme proportionality principle proportionality test protection public service obligations qualifications regard Regulation reimbursement restrictive scheme scope sector services provided SGEI soft law solidarity subsidiarity TFEU ex Article treatment Treaty undertaking vocational training welfare services welfare systems