Pamela Finckenberg-Broman

Bio: Pamela Finckenberg-Broman is an academic researcher. The author has contributed to research in topics: Directive on Privacy and Electronic Communications & Directive. The author has an hindex of 1, co-authored 1 publications receiving 3 citations.

The scope of the healthcare exemption in the Services Directive

Abstract: The goal for this thesis was to understand the scope of the healthcare exemption in the Directive 2006/123/EC on Services in the Internal Market (Services Directive) as it applies to national legislation/authorities of the membership states (MS) of EU. The basis for this thesis is the Services Directive; this Directive has certain exceptions in regards to the subject matter. Therefore, for a deeper understanding of the exception of the rule, first the Services Directive being the main rule is studied in a detailed manner, then followed by an in depth analysis of the exception. To understand the subject matter of this thesis I researched several different sources of EU aquis to establish EU’s definition of the scope for the terms “healthcare”, pharmaceutical services” , “healthcare professional” and “regulated professions “. Several court cases from the European Court of Justice (ECJ) were used to establish how these terms were interpreted and applied in practice. This led me to pick out inter alia the Services Directive, Directive 2005/36/EC on the recognition of professional qualifications (PQD) and Directive 2011/24 on the application of patients’ rights in cross-border healthcare (PRD) to be the key ones for the purpose of this thesis to see what their effect is and how they interact and influence each other in practice. My conclusions are that there are four main accumulative steps that have to be in place for the Healthcare exemption to apply. If these steps are not fulfilled the service provided will be fully under the SD, unless a Venturini situation amounting to a public health concern is present. It would be helpful with either further guidance from ECJ case law or guidelines from the Commission on the subject to confirm or deny the accuracy of the findings presented here.

Improving the mental health of the population: a strategy for Europe

Abstract: The European Commission green paper Improving the Mental Health of the Population, published in October 2005, is essentially a public mental health strategy for the European Union. In this short article Jude Stansfield outlines the main elements of the strategy and discusses its relevance and implications both for the European Union as a whole and for policy and practice in England and the other individual member states. While the green paper is in many ways welcome in that it will raise the profile of public mental health at national and international government level, it has a number of flaws ‐ not least its primary focus on mental illness and mental illness services.

Catch Me If You Can? The Market Freedoms’ Ever-Expanding Outer Limits

Abstract: This Article submits that questions of institutional ability and legitimacy should play a more important role in the Court of Justice’s decision-making process. In effect, both the legal literature and the Court’s reasoning process tend to disregard such questions, thereby ignoring relevant comparative institutional choices which take place whether they are acknowledged or not. The deficiencies arising from the current approach will be exemplified by an analysis of developments in EU‘s free movement law on the requirements of cross-border elements, economic aim of free movement, and on the complementarity of these two requirements. In particular, it will be argued that the absence of properly reasoned institutional comparative analysis, when coupled with under-theorised normative foundations and the introduction of European Citizenship, has potentially explosive consequences for the scope of the EU’s market freedoms.