Public services and the European Union: healthcare, health insurance and education services

Politically sensitive and economically important, welfare services such as health care, health insurance and education have opened up a heated debate in the EU. The application of EU law to welfare services raises discontent from thepart of the Member States who perceive their systems to be under threat. Resisting to the application of the EU law is sometimes seen as part of protectingthose values. This book suggests that this resistance is largely unjustified.EU law is not damaging to welfare systems, but it provides adequate balancingmechanisms to ensure that all interests are protected. The approach taken in analysing the impact of EU law on welfare services is to look at the negative integration process and answer the questions related to the extent to which EUlaw applies to welfare services and the kinds of safeguards the Court offers for these services. The proportionality principle distinguishes itself as the central element in balancing national and Community interests. Being part of the broader integration process, negative harmonization creates legislative lacunae, and therefore, this book also looks at alternative solutions to the negative harmonization process, namely positive and soft law. Makes clear the objections. Member States have to EU law with respect to welfare services. Answers questions related to EU law and welfare systems . Offers alternative solutions to the negative harmonization process. INDICE: Introduction. The organisation of welfare. The reach of internal market rules. The application of the rules on competition. Positive and soft law.

• ISBN: 978-90-6704-804-0
• Editorial: T.M.C. Asser Press
• Encuadernacion: Cartoné
• Páginas: 445
• Fecha Publicación: 04/09/2011
• Nº Volúmenes: 1
• Idioma: Inglés