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Edited by Israel Doron and Nena Georgantzi

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Ageing, Ageism and the Law

European Perspectives on the Rights of Older Persons

Edited by Israel Doron and Nena Georgantzi

Europe is ageing. However, in many European countries, and in almost all fields of life, older persons experience discrimination, social exclusion, and negative stereotypes that portray them as different or a burden to society. This pivotal book is the first of its kind, providing a rich and diverse analysis of the inter-relationships between ageing, ageism and law within Europe.
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Edited by Israel Doron and Nena Georgantzi

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Israel (Issi) Doron and Nena Georgantzi

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Conclusion

The Requirement of Industrial Application

Marta Díaz Pozo

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Clemens M Rieder

As EU Health Law and Policy is often seen as a creation of courts, rather than legislatures or executives, Clemens Rieder investigates the roles that national courts and the CJEU have played in the unfolding of EU Health Law and Policy. Rieder considers the implications of both actual litigation, and the ‘shadow of litigation’, which may indeed be more important. The relationships of the CJEU with national courts, the governments of the Member States and the European Court of Human Rights in Strasbourg are all crucial institutional contexts for the development and future trajectory of EU Health Law and Policy. The preliminary reference procedure grants the CJEU legitimacy, but ultimately leaves control in the hands of national courts. Member States also enjoy a horizontal dialogic relationship with the CJEU, where both actors have influence. The ECtHR may be of growing importance in the coming years.

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André den Exter

The exponential growth of electronic communication and exchange of medical data has changed and will continue to change the course of medicine in a wide variety of ways. The possibility of speed and long-distance communication means information (including confidential information) can pass very swiftly from country to country. André den Exter explores the way in which eHealth and mHealth interact with EU law on cross-border relationships; considering the use of electronic prescriptions; cross-border access to electronic records; and deployment of apps dealing with medicine and lifestyle choices.

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Johan W van de Gronden and Catalin S Rusu

Johan van de Gronden and Catalin Rusu investigate the extent to which EU competition law and policy may improve, or worsen, the efficiency of national health systems. The application of EU competition law to the behaviour of powerful market actors, such as the pharmaceutical industry, (social) health insurance providers or hospital chains, certainly has the potential to do so. But this may be at the cost of health-specific values.

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Tomislav Sokol and Nikola Mijatović

The ongoing Eurozone crisis has dominated discussion of the EU for several years, and has raised questions about its future, with many accusing the EU institutions of sacrificing social values on the altar of fiscal rigour. Tomislav Sokol and Nikola Mijatovi_ examine the effects the Eurozone crisis has had on national health systems. An overview of Eurozone economic governance rules precedes an analysis of their dramatic effects on access to healthcare, free movement of healthcare professionals and regulation of medicines. The chapter shows how differential application of fiscal governance rules to different Member States undermines the solidarity on which European health systems are based.

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Jean V McHale and Aurélie Mahalatchimy

Unlike regulation on the use of animal materials, the use of human materials in the EU is not regulated by one specific Regulation or Directive, despite a common legal base in public health, and common regulatory problems across the legal regimes for human tissues and cells, human blood and blood components, and human organs. Jean McHale and Aurélie Mahalatchimy consider the following: what is the legal classification, and consequently the applicable legal regime for human materials? How does EU law ensure their quality and safety for human applications? How does EU law facilitate access to human materials? What ethical questions do human materials raise and how does EU law manage them? McHale and Mahalatchimy conclude that the patchwork regulatory regime leaves a lack of consideration for important ethical concerns.