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Public Services and the European Union - Healthcare, Health Insurance and Education Services (Hardcover, Edition. ed.)
Loot Price: R3,042
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Public Services and the European Union - Healthcare, Health Insurance and Education Services (Hardcover, Edition. ed.)
Series: Legal Issues of Services of General Interest
Expected to ship within 10 - 15 working days
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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.
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