EU health governance II: law and regulation

Abstract

This panel brings a legal perspective on the regulatory governance of health in the EU. In the absence of a comprehensive health competence, the EU has long influenced health via regulation of related goods, activities and technologies, with varying and often unpredictable impacts upon national health systems. The papers in this panel analyse two specific examples of health-relevant regulatory governance - that of artificial intelligence (AI) and competition - and offer one reflection on the potential value of a stronger EU health competence. In the first paper, Hannah van Kolfschooten analyses what is meant by ‘trust’ as an object of regulation, and how trust in AI can be achieved via regulation. Taking a rights approach, her paper asks: does the focus on trust in the EU legal framework on AI provide for stronger protection of patients’ rights in the Member States? In the second paper, Mary Guy assesses how the competition policy regime in the EU uses the concept of solidarity to determine if and how healthcare sector activities are subject to EU regulation, and the impact that this is having at member state level. She argues that the juxtaposition of solidarity and competition becomes increasingly problematic in view of ongoing adherence to solidarity as a basis for European healthcare system organisation, while many countries adopt marketisation reforms, or incorporate greater private sector roles. Finally, Anniek de Ruijter explores the wider issue of legislative competence in health. Her paper asks: what difference can law make to health representation and contestation, so as to facilitate an ongoing EU debate based on shared health values and objectives? It argues that a stronger legislative basis for health would trigger and empower the involvement of national, expert and professional health communities to engage in the legislative and policy making process at EU level.

Title	Details
EU intergovernmental coordination and public health crises: a neo-intergovernmentalist mode of governance?	View Paper Details
The Politics of Health in the EU: the role of law	View Paper Details
Building Trust in Artificial Intelligence in Medicine: A European Union Legal Perspective	View Paper Details