Transcript European Public Health Alliance

Is the EU good for your health?
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What can it do?
What does it do?
What should it do?
What will it do?
ILGA Europe AGM, 17 October 2003
What does the EU treaty state?
Article 152 of the Amsterdam Treaty (1997):
“a high level of health protection shall be
ensured in the definition and implementation
of all Community policies and activities”
 Legislation permitted only on blood and
blood products, human tissues and cells.
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EU must respect Member State
responsibility for organisation, financing and
delivery of health care
ILGA Europe AGM, 17 October 2003
What EU rights to health exist?
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“Everyone has the right of access to
preventative healthcare and the right to
benefit from medical treatment under the
conditions established by national law and
practices”
Charter of Fundamental Rights of the EU,
Adopted in Nice, December 2000
ILGA Europe AGM, 17 October 2003
The competing interests at EU level
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EU Member States: damage limitation -protect and control own healthcare systems.
Commission: ability to use the full range of
instruments to address major health threats.
NGOs: recognition of health as a human right
and counterbalance to economic imperative
of the single market.
Industry : Simplify and harmonise the
business environment.
ILGA Europe AGM, 17 October 2003
Why health needs to be addressed
at EU level
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Addressing health inequalities. Maintaining the
solidarity-equity-sustainability triangle.
EU policies impact on our health and internal
market legislation is de-facto creating policy on
health related issues
The Commissioner has greater powers to promote
animal welfare than to protect human health
Evidence that tackling major health burdens
(tobacco, alcohol, obesity, drugs) needs
legislation, fiscal measures, healthcare
professionals and education.
ILGA Europe AGM, 17 October 2003
Some EU policies that affect health
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Common Agricultural Policy
Regulation of Pharmaceuticals, chemicals,
pesticides
Animal health and food safety
Internal market (marketing of alcohol,
tobacco, junk foods)
Energy and transport policies
International trade agreements (GATS,
TRIPS)
ILGA Europe AGM, 17 October 2003
ECJ: Lawyers setting the health
agenda
Judgements: Kohl & Decker 1998, Vanbraekel
and Smits-Peerboom 2001, Muller-Faure and
Van Riet 2003 set the following principles:
 Healthcare is a service and it must be freely
provided and accessed
 Prior authorisation is a barrier to free
movement and cannot be required
 ‘Undue delay’ new concept being tested in
the courts
 Patients become ‘consumers’ of healthcare
ILGA Europe AGM, 17 October 2003
A vision of a ‘Europe of health’
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Political leadership by a charismatic
Commissioner
A reinforced DG Health with a mandate that
reintegrates public health, pharmaceuticals,
workplace safety. Coordination of various EU
agencies (EMEA, EFSA, ECDC etc)
MEPs that regularly demand health impact
assessment (HIA) on all legislation and policies
Health rights explicit in EU treaty
Priority for health reflected in resource
allocation
ILGA Europe AGM, 17 October 2003
Will treaty reform change things?
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Convention : health barely addressed,
debate was ill-informed and focussed on
communicable diseases and healthcare.
Result: health is not in Art I-3, confusing
split of competencies between EU and MS
IGC : Some political momentum to change
Article 179 but with an emphasis on
excluding healthcare from internal market.
Result?:
ILGA Europe AGM, 17 October 2003
European Public Health Alliance
33 Rue de Pascale
B-1040 Brussels
Belgium
Tel : +32-2 230 30 56
Fax : +32-2 233 38 80
[email protected]
www.epha.org
ILGA Europe AGM, 17 October 2003