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European Law and New Health Technologies
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European Law and New Health Technologies

Mark L Flear, Anne-Maree Farrell, Tamara K Hervey, and Thérèse Murphy

Abstract

Health is a matter of fundamental importance in European societies, both as a human right in itself, and as a factor in a productive workforce and therefore a healthy economy. New health technologies promise improved quality of life for patients suffering from a range of diseases, and the potential for the prevention of incidence of disease in the future. At the same time, new health technologies pose significant challenges for governments, particularly in relation to ensuring the technologies are safe, effective, and provide appropriate value for (public) money. To guard against the possible ... More

Keywords: health, prevention, disease, health technologies, soft law, private regulation, quasi-private regulation, regulation theory, European law

Bibliographic Information

Print publication date: 2013 Print ISBN-13: 9780199659210
Published to Oxford Scholarship Online: May 2013 DOI:10.1093/acprof:oso/9780199659210.001.0001

Authors

Affiliations are at time of print publication.

Mark L Flear, editor
Lecturer in Law, Queen's University Belfast

Anne-Maree Farrell, editor
Associate Professor at the Faculty of Law, Monash University, Australia

Tamara K Hervey, editor
Jean Monnet Professor of European Union Law, University of Sheffield School of Law

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Contents

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1 European Law and New Health Technologies: The Research Agenda

Mark L Flear, Anne‐Maree Farrell, Tamara K Hervey, and Thérèse Murphy

Part I Setting the Scene

Part II Legal Approaches to European Law and New Health Technologies

Part III Regulatory Theory, Regulatory Innovation, European Law, and New Health Technologies

Part IV New Techniques for Researching European Law and New Health Technologies

13 Taking Technology Seriously: STS as a Human Rights Method

Thérèse Murphy and Gearóid Ó Cuinn *

Part V Bringing it All Together

18 A European Law of New Health Technologies?

Mark L Flear, Anne‐Maree Farrell, Tamara K Hervey, and Thérèse Murphy *