2020
DOI: 10.1017/err.2020.78
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COVID-19, the European Health Union and the CJEU: Lessons from the Case Law on the Banking Union

Abstract: This contribution will draw on the literature that has accumulated on how the Court of Justice of the European Union (CJEU) has responded to the European Banking Union, which was established in similar crisis circumstances that now face the European Union (EU) in the age of COVID-19, to illustrate the legal issues on which the CJEU’s input will be particularly important in the shaping of any future European Health Union. This contribution will highlight three legal issues in particular: the interpretation of E… Show more

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“…Hence, the tragedy of the pandemic, notwithstanding the far from trivial improvements in awareness for the need of greater health coordination and the (partial) policy measures to follow, provides a solid case for treaty reform. From such a perspective, Covid-19 has touched a raw nerve and political third rail of multilevel governance in the EU, which grounds a call for the establishment of a genuine Health Union, able to ensure direct action at the European level and overcome critical shortcomings in health governance within the old continent (Bartlett 2020;Bazzan 2020). The support of a coherent supranational health policy would also benefit from the developing EU fiscal powers as the novel pandemic recovery instrument of Next Generation EU could help to create effective capabilities to reinforce health preparedness in weaker Member States and managing cross-border threats -another arena, however, in which the Covid-19 crisis and its temporary emergency response mechanism is a powerful indication of the need for further integration and revision of the Treaties.…”
Section: Table 3 -Scoreboard Of Outbreak Measures and Outcomesmentioning
confidence: 99%
“…Hence, the tragedy of the pandemic, notwithstanding the far from trivial improvements in awareness for the need of greater health coordination and the (partial) policy measures to follow, provides a solid case for treaty reform. From such a perspective, Covid-19 has touched a raw nerve and political third rail of multilevel governance in the EU, which grounds a call for the establishment of a genuine Health Union, able to ensure direct action at the European level and overcome critical shortcomings in health governance within the old continent (Bartlett 2020;Bazzan 2020). The support of a coherent supranational health policy would also benefit from the developing EU fiscal powers as the novel pandemic recovery instrument of Next Generation EU could help to create effective capabilities to reinforce health preparedness in weaker Member States and managing cross-border threats -another arena, however, in which the Covid-19 crisis and its temporary emergency response mechanism is a powerful indication of the need for further integration and revision of the Treaties.…”
Section: Table 3 -Scoreboard Of Outbreak Measures and Outcomesmentioning
confidence: 99%