HPrivatisation of Public Health Services at European Health Markets From a Law and Economics Perspective

Wilfried Janoska ()
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Wilfried Janoska: Division of Health Policy, Administration and Law Department of Public Health and Health Technology Assessment UMIT - University of Health & Life Science

Zeitschrift für Nachwuchswissenschaftler - German Journal for Young Researchers, 2011, vol. 3, issue 3, 13–28

Abstract: European health markets are undergoing transformation in the aftermath of the deregulation, liberalisation and privatisation of institutions of general public interest. A health care system is characterised by complex structures and a functioning interaction between the actors and institutions, which are reflected in the health care structures. Privatisation of public hospitals is altering the role of government in healthcare. This article underlines the importance, analysing such decision with the principles of law and economics. In this case, the application of economic theory of law on the European integration means to seek for justifications for a common European "health market" and to analyse the role of the European Union on national health systems. This proposal is not about whether, according to the German Federal Constitutional Court’s ruling on the Treaty of Lisbon, German principles of government are affected inadmissible, particularly in the social state principle. It is about whether the use of social state principle of German coinage is suitable to identify limitations and liberties in the European integration process. This paper attempts to analyse the explanation of social and legal norms based on economic patterns of interpretation in order to investigate changes to the healthcare mandate in the European healthcare sector and their consequences for national government activity.

Keywords: Privatisation of public hospitals; healthcare systems; social state principle; economic theory of law; emergence of a European Union’s healthcare mandate (search for similar items in EconPapers)
JEL-codes: I18 (search for similar items in EconPapers)
Date: 2011
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