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Brüstle and the Charter: A Cause of Europeanisation?

Calum Young

The effects of the Charter of Fundamental Rights, both on a European and Member State level, remain unclear. EU health law is an area of EU law that carries growing significance, in that there is an increasing amount of legislation in this area, and an increasing amount of cross-border healthcare is taking place. Understanding the effects that EU fundamental rights have had on EU health law will thus constitute a useful contribution to current academic debate. This paper will seek to analyse the combined effect of these two areas on the health law and policy of England and Germany. Focusing on Germany and England is particularly useful, as the Bismarck and Beveridge systems are two of the most predominant models of healthcare provision within the EU. This paper will look at two aspects of EU Law: Article 1 of the Charter; and its impacts on Germany and England through the Brüstle decision. It will analyse whether the combination of the two have caused Europeanisation. Part one of the paper will review and define 'Europeanisation' in this specific context. Part two will analyse various aspects of the implementation of the Brüstle case within England and Germany. This will involve analysing documents surrounding the implementation of the decision, looking at how it has affected the patent granting bodies of each state. Finally, part three will apply the findings of section two to the definition established, and outline whether Europeanisation has taken place within England and Germany as a result of the Charter’s interaction with EU health law in the Brüstle case.



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