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2 Health Econ. Pol'y & L. 1 (2007)

handle is hein.journals/hecpol2 and id is 1 raw text is: Health Economics, Policy and Law (2007), 2: 1-6 o Cambridge University Press 2007 doi 10.1017/S1744133106006219 Guest Editorial EU law and national health policies: problem or opportunity? TAMARA K. HERVEY* Professor of European Law, University of Nottingham, UK The European Union's (EU) legal system was set up primarily to establish and maintain the 'single market', based on the 'integration' of the separate markets of the Member States. This integration forms the bedrock of the peace and security sought by the original 'founding fathers' of the EEC. The legal tools of integration include a deregulatory entitlement of economic actors (mainly, firms operating in the EU) to challenge discriminatory barriers to trade and other impediments to access the markets of other Member States. They include enforceable legal norms to ensure free competition within the single market. They also include regulatory powers (or competences) of the institutions of the EU, to adopt harmonized legislation necessary to create and sustain the sin- gle market. Nothing here, the casual observer might remark, to touch on national health policies, and certainly nothing that might destabilize their fun- damental values and principles. Not so. There is no doubt that EU law does affect national health policies, both directly and indirectly. The deregulatory, market-based rules of EU law have been presented as at least having the potential to challenge some of the fundamental principles upon which European health care systems are built, such as territoriality, solidarity in provision or equality of access irrespective of means. However, it is my view that, rather than being merely a source of destabilization with negative consequences, EU law may be seen as present- ing opportunities for development of national health policies in the Member States. The EU has a very long pedigree of regulatory measures affecting national health policies. For instance, because pharmaceuticals, medical devices, and other medical 'products' need to be able to circulate freely within the single market (at least as a matter of law), there is a significant body of EU law, dating back to the 1960s, covering their marketing authorization; labelling, packaging, and advertisements; and quality and safety. Recent additions to this legislative *Correspondence to: Professor Tamara K. Hervey, School of Law, Law and Social Sciences Building, University of Nottingham, University Park, Nottingham NG7 2RD, UK. Email: tamara.hervey@nottingham.ac.uk

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