Freedom to Provide Health Care Services within the EU: An Opportunity for a Transformative Directive

24 Pages Posted: 25 May 2007

See all articles by Tamara K. Hervey

Tamara K. Hervey

University of Sheffield - Faculty of Law

Louise G. Trubek

University of Wisconsin Law School

Abstract

In the context of free movement of health care services, "the classic Community method" (CCM) of regulation through harmonized internal market law, underpinned by Treaty-based litigation, has failed. At the same time, a plethora of new governance activities concerned with health care have grown up in the EU. This article argues that the current situation represents an opportunity to develop and design, ex ante, a new Transformative Directive on health care services. The Transformative Directive would articulate the formal legal rules on cross-border receipt and provision of health care services in the EU. At the same time, the Directive would set up a framework for creating non-binding norms through participatory mechanisms, such as those found in new governance processes that already exist in other areas of EU law. The Directive would represent an example of a transformative relationship between law (the CCM) and new governance, where the procedures and institutions of new governance and traditional law are structurally designed as an integrated system, each element of which, relies on the other for its success.

Keywords: Regulation, European Integration

JEL Classification: K40, K32, K20

Suggested Citation

Hervey, Tamara K. and Trubek, Louise G., Freedom to Provide Health Care Services within the EU: An Opportunity for a Transformative Directive. Columbia Journal of European Law, 2007; Univ. of Wisconsin Legal Studies Research Paper No. 1050. Available at SSRN: https://ssrn.com/abstract=988952

Tamara K. Hervey (Contact Author)

University of Sheffield - Faculty of Law ( email )

Crookesmoor Building, Conduit Road
Sheffield S10 1FL
United Kingdom

Louise G. Trubek

University of Wisconsin Law School ( email )

975 Bascom Mall
Madison, WI 53706
United States

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