Health is central to all our lives, so too is technology. This collected set of essays brings
both together, and analyses them from the perspective of European law. It is however in
accord with the very nature of the subject matter that European law in this context
connotes not just EU law, but also the Council of Europe, the OECD, the World
Health Organization, and the European Patent Office.
The cross-jurisdictional focus thus befits the nature of the subject matter, which
defies pigeon holing into ‘the national’ or ‘the European’, where the latter is composed
solely of EU law. Regulations emanating from the EU thus provide part of the story,
but only part, and the overall picture is complemented by initiatives from the other
European and international organizations that impact on this important area.
This collection is moreover of interest and value because it demonstrates multi-level
governance in action within a particular sectoral area, shaped by a plethora of interinstitutional
relationships, and reveals also the interplay of different cultural values
within the overarching frame of constitutional pluralism.
The edited collection has four parts, the first of which sets the scene through three
chapters, which deal respectively with the defining features of the EU’s approach to
regulation of new health technologies; the Council of Europe, human rights, and
regulation of new technologies; and a chapter that maps the science and technology
that underpins subsequent discussion.
Part two addresses European legal approaches to new health technologies, through
the medium of case studies on particular issues that have more general relevance for the
overall project. To this end there are chapters on innovative tissue engineering, ‘orphan’
medicines, patent law, and product liability law, with the aim of highlighting problems,
deficiencies, and challenges within the existing system.