Public Services and the European Union: Healthcare, Health Insurance and Education Services
Politically sensitive and economically
important, welfare services such as health care, health insurance and education
have opened up a heated debate in the EU. The application of EU law to welfare
services raises discontent from the part of the Member States who perceive their
systems to be under threat. Resisting to the application of the EU law is
sometimes seen as part of protecting those values. This book suggests that this
resistance is largely unjustified. EU law is not damaging to welfare systems,
but it provides adequate balancing mechanisms to ensure that all interests are
protected. The approach taken in analysing the impact of EU law on welfare
services is to look at the negative integration process and answer the questions
related to the extent to which EU law applies to welfare services and the kinds
of safeguards the Court offers for these services. The proportionality principle
distinguishes itself as the central element in balancing national and Community
interests. Being part of the broader integration process, negative harmonization
creates legislative lacunae, and therefore, this book also looks at alternative
solutions to the negative harmonization process, namely positive and soft
law.
