Rules for Rights: European Law, Health Care and Social Citizenship
Scott L. Greer,Tomislav Sokol +1 more
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The European Court of Justice (ECJ) strengthened the right to health care in other Member States, but this cannot create an equal right for health care when Member States are so different as discussed by the authors.Abstract:
Social citizenship is about equality. The obvious problem for European social citizenship in a very diverse Union is that Member States will not be able or willing to bear the cost of establishing equal rights to health care and similar aspects of social citizenship. Health care is a particularly good case of this tension between EU citizenship and Member State diversity. The European Court of Justice (ECJ) strengthened the right to health care in other Member States, but this cannot create an equal right to health care when Member States are so different. In its efforts to balance a European right, the Court has formulated ‘rules for rights’—not so much European social citizenship rights, as a set of legal principles by which it judges the decisions of the Member States.read more
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Learning from Difference: The New Architecture of Experimentalist Governance in the EU
TL;DR: In this paper, the authors argue that current widespread characterisations of EU governance as multi-level and networked overlook the emergent architecture of the EU's public rule making, and they trace its emergence and diffusion across a wide range of policy domains, including telecommunications, energy, drug authorisation, occupational health and safety, employment promotion, social inclusion, pensions, health care, environmental protection, food safety, maritime safety, financial services, competition policy, state aid, anti-discrimination policy and fundamental rights.
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Competition policy in the European union
Michelle Cini,Lee McGowan +1 more
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Courts as Catalysts: Rethinking the Judicial Role in New Governance
Joanne Scott,Susan P. Sturm +1 more
TL;DR: In this article, a theory of judicial role within new governance is developed, drawing on the emerging practice in both the United States and Europe as a basis for this reconceptualization.
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The JCMS Annual Lecture: National Welfare States and European Integration: In Search of a ‘Virtuous Nesting’*
TL;DR: In this article, a strategy of institutional reconciliation between the two logics, based on a more explicit and effective "nesting" of the nation-based welfare state within the overall spatial architecture of the Union, is proposed.
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The weakness of strong policies and the strength of weak policies: Law, experimentalist governance, and supporting coalitions in European Union health care policy
TL;DR: In this article, the authors argue that the hard law of health care services deregulation and the newer forms of Health care governance, such as the Open Method of Coordination and the networks on rare diseases, depend on supporting coalitions in member states that are willing to litigate, lobby, budget, decide cases, and otherwise implement EU law and policy.