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Title: Cementing solidarity in EU health care law : the role of rights and the ECJ
Author: Rieder, Clemens M.
ISNI:       0000 0004 2723 654X
Awarding Body: University of Reading
Current Institution: University of Reading
Date of Award: 2011
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In a series of cases over the last 10 years or so the Court of Justice of the European Union (EU) has begun to link health care with the principle of free movement of services. In this way health care, a traditional prerogative of the nation state, has become a focal point ofEU integration. One distinctive aspect of public national health care systems is that they are based on solidarity. Therefore any discussion of EU health care also needs to address the rather elusive concept of solidarity. A core question to be discussed in this context is whether it is accurate to assume that the nation state is the largest entity in which robust forms of solidarity are possible. The legal framework, in particular rights, whilst having an important role to play in this discussion can only provide a starting point in the analysis of this question. This thesis argues that the Court has applied consequentialism in its case law which made it easier for Member States to accept the supranational involvement in the sensitive area of health care. It will seek to tease out what might be regarded as Pareto and utilitarian influenced reasoning in the Court's case law which so far has been a crucial factor in developing EU health care law. A consequence of this approach is that it is primarily focused on national solidarity as the basis of EU health care. An alternative conceptual proposition would be deontology. The thesis discusses possible implications of such an approach; one being that supranational solidarity would become more prevalent in EU health care. Therefore it is necessary to study the relationship between the normatively desirable, and the factually possible ('ought' implies 'can'). In answering this question the thesis analyses whether we fmd different motivational factors between the national and the supranationallevel which may serve as an explanation for the fact that so far, the nation state seems to be the biggest entity in terms of robust solidarity.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available