How does the law of the European Union affect health law and policy? At first sight, it seems limited. However, despite its restricted formal competence, the EU has recently become increasingly involved in the health field. Litigation based on EU law has resulted in a 'right to receive health care services' across national boundaries which may have huge practical implications for national health systems. The EU has promulgated legislation regulating clinical research, and the marketing of pharmaceuticals; patients' rights are affected by EU legislation on data protection and product liability; the qualifications of health care professionals are legally recognised across the EU; and the EU has acted to promote public health. This book explores the various impacts of measures of EU law on national health law and policy. Through elaboration of selected examples, the authors show that, within the EU, health law cannot be regarded as a purely national affair.

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Health Law and the European Union

The European Union has existed for over half a century. Having started as the 'Europe of the Six' in a specific industrial sector, the Union today has twenty-seven Member States and acts within almost all areas of social life. The Union's constitutional structures have evolved in parallel with this immense growth. Born as an international organisation, the Union has developed into a constitutional Union of States. This textbook analyses the constitutional law of the European Union after Lisbon in a clear and structured way. Examining the EU through a classic constitutional perspective, it explores all the central themes of the course: from the history and structure of the Union, the powers and procedures of its branches of government, to the rights and remedies of European citizens. A clear three-part structure and numerous illustrations will facilitate understanding. Critical and comprehensive, this is required reading for all students of European constitutional law.

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European Constitutional Law

This thesis is an attempt to analyse, in legal terms, the theory and implementation in practice of an "ethical foreign policy" by the European Union. It focuses on relations between the Union and certain developing States. The thesis is primarily composed of two distinct substantive parts. The first substantive part is composed of two chapters. This part firstly investigates which international legal rules authorise or oblige the Union, the European Community or the Member States to promote certain values in third States or in certain circumstances take action. It further examines the legal limits which under international law constrain such policies. It then goes on to examine policy and practice from a Union/Community law perspective. Here the thesis analyses: the relationship between the Union and Community pillars; the instruments available to the Union and Community in the pursuance of foreign policy objectives; and the scope of the Community and Union's competence in implementing an ethical foreign policy. The second substantive part of thesis examines practice. It analyses the importance attached to ethical values and their relationship with other priorities and objectives. Chapter Four examines relations with Myanmar, Nigeria and Pakistan. Chapter Five looks at relations with the Palestinian Authority and Israel in the overall context of the Middle East Peace Process. Chapter Six examines the Union's policy of humanitarian and emergency aid. The thesis finally attempts to draw some conclusions, as to the efficacy of the policies and instruments utilised and the approaches adopted in practice. It is argued that the Union should concentrate its efforts on certain specific rights and territories and abandon the all-encompassing policy it is currently attempting to implement.

The ethical foreign policy of the European Union: A legal appraisal.

Health Law and the European Union: Regulation of health care professionals

This article examines the seeming contradiction between the publicly stated objective of successive governments to promote greater equality of opportunity for racial minorities and the limited impact of successive policies and programmes on processes of racial discrimination and exclusion in British society. The article begins by outlining the different conceptual approaches used to analyse the development of public policies on racial inequality. It then analyses the main aspects of national policy change in this area over the past two decades, and more recent initiatives which have sought to use local government as a vehicle for promoting racial equality. This analysis offers a critical review of the achievements and limitations of both past and present policies. The concluding section takes up the question of the prospects of change in the future.

Equal opportunities policies and racial inequality: the role of public policy

The exclusive nature of the European Community's powers in the treaty-making field, and the boundary between these powers and those of the Member States, has produced some of the Court of Justice's most interesting and controversial case law. The judgments of the Court have to date concentrated on the existence and justification of the doctrine of exclusivity. It is now time to re-assess the effects of the doctrine, and its place in Community law. Its political consequences for the Member States are enormous, confirming, as it does, the extent to which they have transferred certain of their sovereign powers to the European Community-in relation not merely to domestic legislation, but to external, treaty-making powers, that most widely-accepted characteristic of the sovereign State.

Marise Cremona

Papers

The doctrine of exclusivity and the position of mixed agreements in the external relations of the european community