AbstractsLaw & Legal Studies

On the basis of three case-studies, this thesis concludes that the EU not only explicitly, but also implicitly takes on fundamental rights obligations with respect to health. It de-facto balances the rights of individuals with those of the entire EU population as well as the responsibility of the Member States with that of the EU. However, not all aspects of EU health policy can be legally challenged in terms of fundamental rights, even when a policy affects fundamental values related to health, which puts the legitimacy of EU health policy in a precarious light.