Research Handbook on EU Health Law and Policy
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Research Handbook on EU Health Law and Policy

Edited by Tamara K. Hervey, Calum A. Young and Louise E. Bishop

The steady expansion of the European Union’s involvement in health over the past 20 years has been accelerated by recent events. This handbook offers an up-to-date analytical overview of the most important topics in EU health law and policy. It outlines, as far as possible, the direction of travel for each topic and suggests research agenda(s) for the future.
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Chapter 3: Courts and EU health law and policies

Clemens M Rieder

Abstract

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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