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Jurdification, Medicalisation and the Impact of EU Law - Med L Rev Final Version.pdf (310.09 kB)

Juridification, medicalisation and the impact of EU law: patient mobility and the allocation of scarce NHS resources

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posted on 2023-06-08, 09:51 authored by Kenneth VeitchKenneth Veitch
This article explores the relationship between EU Law and the allocation of scarce NHS resources in the context of the EU's objective of facilitating access to health care for patients within the EU. Focusing on the Watts case and the recently adopted EU Patients' Rights Directive, the article addresses the political and economic aspects of the implications of EU Law for, inter alia, domestic law, medicine, and the NHS. It does so through developing an analytical framework comprising the notions of juridification and medicalisation. Those notions, which are drawn here from the work of Jürgen Habermas, Ivan Illich, and Sheila McLean, are not only helpful as means of thinking through the nature of the specific EU laws considered in the article; by virtue of their broader focus on, and critique of, the welfare state, they offer an opportunity to reflect more generally on the implications of these laws for the role of the welfare state and medical and legal professionals in the development of the EU's internal market in health care services. Having undertaken this analysis, the article argues that, in order to capture the developments and implications of EU Law on patient mobility, it is necessary to update and partially reformulate the notions of medicalisation and juridification.

History

Publication status

  • Published

File Version

  • Accepted version

Journal

Medical Law Review

ISSN

0967-0742

Publisher

Oxford University Press

Issue

3

Volume

20

Page range

362-398

Department affiliated with

  • Law Publications

Full text available

  • Yes

Peer reviewed?

  • Yes

Legacy Posted Date

2012-05-14

First Open Access (FOA) Date

2017-08-16

First Compliant Deposit (FCD) Date

2017-08-16

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