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Anniek de Ruijter

This chapter traces the emergence of external ‘EU health security policy and law’. Health security policy redraws sectoral boundaries between policies and has both an internal and external security dimension. The objective of the chapter is to highlight the specific questions for policy and law that can be raised with regard to the emergence of this new field of policy in the EU context. In particular, it aims to come to these questions by conceptualizing what can be termed ‘EU health security policy’: its development and origins, its legal context institutions, instruments and techniques.

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Anniek de Ruijter

The book concludes with Anniek de Ruijter’s powerful discussion of the values of solidarity, universal access, equality and human dignity, in the context of EU health law and policy. de Ruijter assesses the extent to which such values are – and could ever be – promulgated through EU Health Law and Policy, given the EU’s constitutional arrangements. She argues that the EU’s infamous ‘constitutional asymmetry’ leaves solidarity, universal access, equality and human dignity – more often than not – in a non-equal relationship with free trade, free competition, competitiveness, the knowledge economy and above all, fiscal austerity. Fundamental human rights represent a possible future site for constitutional realignment, allowing ‘the constitutional order of the EU to be changed or set up in a manner in which EU health law’s values will not have to compete so hard with EU economic values’. This is – at present – the ‘road not taken’ by the EU and its health law and policy.