The Dynamic Potential of European Union Health Law

Forthcoming in the European Journal of Risk Regulation

Amsterdam Law School Research Paper No. 2020-44

Amsterdam Centre for European Law and Governance Research Paper No. 2020-06

13 Pages Posted: 18 Aug 2020

See all articles by Tamara Hervey

Tamara Hervey

City University London

A. de Ruijter

University of Amsterdam - Law Centre for Health and Life

Date Written: August 17, 2020

Abstract

Some understandings of European Union health law are based on a presumption of law as a static and closed system. This approach to the Union as a legal entity has important ramifications. The Union is a political system created by and subject to the rule of law. Its successes (and failures) are attributable to the legalisation of solving externalities and ensuring Member State solidarity, to gain benefits from integration. Member States, which create and sustain the Union by repeated acts of sovereign choice, choose to subject themselves to the rule of (Union) law. That protects both the Member States and the Union institutions (imperfectly, but nonetheless) from charges of illegitimacy. While recognising the benefits of such an approach to EU integration and lawmaking, we take the view that law also has an important dynamic potential. That dynamic potential is inherent in all law, for law is embodied in text, and always open to interpretation, as the external contexts that give legal text meaning in the real-world change through time. We trace the dynamic potential of Union health law, by looking at its legal basis, to its foundational Treaties and plot its trajectory going forward.

Keywords: Health law, European Union, rule of law, European Economic Community, European Union integration, Member States, dynamic potential of law, European health union,

JEL Classification: K4, K32, K33

Suggested Citation

Hervey, Tamara and de Ruijter, Anniek, The Dynamic Potential of European Union Health Law (August 17, 2020). Forthcoming in the European Journal of Risk Regulation, Amsterdam Law School Research Paper No. 2020-44, Amsterdam Centre for European Law and Governance Research Paper No. 2020-06, Available at SSRN: https://ssrn.com/abstract=3675358 or http://dx.doi.org/10.2139/ssrn.3675358

Tamara Hervey (Contact Author)

City University London ( email )

Northampton Square
London, EC1V 0HB
United Kingdom

Anniek De Ruijter

University of Amsterdam - Law Centre for Health and Life ( email )

Nieuwe Achtergracht 166
Amsterdam, 1018 WV
Netherlands

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