Reinterpreting the health in all policies obligation in Article 168 TFEU: the first step towards making enforcement a realistic prospect

Health Econ Policy Law. 2021 Jan;16(1):8-22. doi: 10.1017/S1744133120000043. Epub 2020 Apr 28.

Abstract

The EU Treaties oblige the EU institutions to take health objectives and concerns into account in all policy fields. Nevertheless, this obligation is only marginally honoured in many EU policy areas at best. One problem is the lack of enforcement options to pursue further implementation. This paper examines the obligation to 'mainstream' health in Article 168 TFEU and demonstrates the difficulties in enforcing the obligation in more detail. It then offers a new, deeper interpretation of the contents of the mainstreaming obligation and discusses how this definition may be used to facilitate better enforcement in the future.

Keywords: Article 168 TFEU; enforcement; health in all policies; justiciability; mainstreaming.

MeSH terms

  • European Union*
  • Humans
  • International Cooperation / legislation & jurisprudence*
  • Jurisprudence*
  • Policy Making
  • Policy*
  • Right to Health