欧共体条约中的公共健康政策
Public Health and the Internal Market
侯利阳
【摘要】Content
I. Public health as one of activities of EC
II. Harmonisation of Public Health
III. Public Health and Freedoms of movements
【关键词】公共健康，欧共体条约
【全文】
I. Public health as one of activities of EC
Article 3 (1) the activities of the Community shall include (p) a contribution to the attainment of a high level of health protection;
Human health protection requirements are a constituent part of other Community policies, in particular the internal market policy. (See, Case C-376/98, Germany vs. Parliament and Council, Para. 70)
II. Harmonisation of Public Health
1. Public health as “the centre of gravity” of harmonisation
Article 152 (4)
The Council, acting in accordance with the procedure referred to in Article 251 and after consulting the Economic and Social Committee and the Committee of the Regions, shall contribute to the achievement of the objectives referred to in this article through adopting:
(a) measures setting high standards of quality and safety of organs and substances of human origin, blood and blood derivatives; these measures shall not prevent any Member State from maintaining or introducing more stringent protective measures;
(b) by way of derogation from Article 37 (common agricultural policy), measures in the veterinary and phytosanitary fields which have as their direct objective the protection of public health;
(c) incentive measures designed to protect and improve human health, excluding any harmonisation of the laws and regulations of the Member States.
2. Public health as the secondary purpose of harmonisation
(1) The major harmonisation tool for the Community is Article 95: the improvement of the conditions for the establishment and functioning of the internal market
