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Melanie Smith

The infringement process contained in Article 258 TFEU is the traditional centralized mechanism of enforcement of EU law. It requires the Commission, as guardian of the treaties, to monitor the performance of Member States in relation to the implementation and application of EU norms. When performing this task, the Commission enjoys a wide discretion afforded to it by the Court of Justice. So far, so familiar to most legal scholars. However, this traditional picture of the centralized enforcement mechanism is far from complete. Centralized enforcement is a layered and mostly opaque process. There is the formal (familiar) legal process set out in the treaties and, in its shadow, the informal administrative process where most of the enforcement work is actually carried out. The various layers within layers of enforcement behaviour make it particularly challenging to judge the effectiveness of this regime, since what occurs in these hidden layers of enforcement is largely unknown and thus little researched. This chapter presents a model of centralized enforcement which captures these different layers and, in unearthing the various enforcement behaviours, explores to what extent there has been genuine innovation in the context of centralized enforcement or whether and to what extent such innovations have merely followed the evolution of regulatory theory, representing an exercise in (re)discovery and rebranding.

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Edited by Sara Drake and Melanie Smith

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Edited by Sara Drake and Melanie Smith

This content is available to you

Edited by Sara Drake and Melanie Smith

This content is available to you

Melanie Smith and Sara Drake

You do not have access to this content

Melanie Smith and Sara Drake

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Edited by Sara Drake and Melanie Smith

The EU is faced with the perpetual challenge of guaranteeing effective enforcement of its law and policies. This book brings together leading EU legal and regulatory scholars and political scientists to explore the wealth of new legal and regulatory practices, strategies and actors that are emerging to complement the classic avenues of central and decentralized enforcement.
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Melanie Smith, László Puczkó and Ivett Sziva

This chapter explores some of the definitional and practical challenges surrounding health and medical tourism and travel, arguing that thermal bath tourism which is based on medical or healing waters should be included in medical tourism definitions. In many countries of the world, thermal baths continue to be supported by governments and doctors as a resource for medical tourism. Mineral-rich healing thermal waters are used by patients as part of their therapy, treatment or rehabiliation. This includes Central and Eastern European countries, Baltic States, Russian-speaking countries, and many countries which have hot springs which were or could be used for healing purposes, for example South Africa, Japan and China. The chapter draws on the authors’ research using a health tourism survey of 420 operators. This showed that after destination spas, spas that have natural healing resources are becoming the most popular facility for international tourists and that therapies using natural resources with proven benefit (e.g. water, mud) are the most popular activities. Several examples are provided including a more in-depth case study of Hungary, which was selected because it contains such a high concentration of thermal waters that are used extensively for medical purposes.

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Christopher Williams, Seijiro Takeshita, Mélanie Gilles, Caroline Ruhe, Janne Smith and Svenja Troll