by Teresa Freixes, Professor of Constitutional Law and Jean Monnet Chair ad personam
In these difficult days, many of us look up at the European Union, as no country is oblivious to this health crisis that we are facing. Many wonder what the EU is doing while the virus crosses borders, endangers the health and life of citizens and also likely causes a major economic crisis. More coordinated action by the EU is lacking in this regard, but we must remember all the framework: the EU has pre-standards that it is applying; it has reached important agreements to deal with the various issues in place and it is planning future policies so that the effects of the health crisis and its economic outcomes are as limited as possible.
To start, it should be noted that Decision 1082/2013 of the European Parliament and of the Council of 22 October 2013 on serious cross-border threats to health provides that: “Article 168 of the Treaty on the Functioning of the European Union (TFEU) states, inter alia, that a high level of human health protection is to be ensured in the definition and implementation of all Union policies and activities. That Article further provides that Union action is to complement national policies, is to cover monitoring, early warning of, and combating serious cross-border threats to health, and that Member States are, in liaison with the Commission, to coordinate among themselves their policies and programmes in the areas covered by Union action in the field of public health”.
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