EU responses to COVID-19

Background

The development of EU health law and policy gained significant momentum with the spread of the COVID-19 pandemic. Of the many questions posed by this health threat, one focused on the interaction between EU and national activity in health, a longstanding political issue. Article 168(7) TFEU enshrines healthcare system organisation and national health policy as a Member State competence, whereas the EU level may have further influence in connection with public health matters. European Commission President Ursula von der Leyen's call for a "European Health Union" in 2020 prompted questions of the form this would take. This prompted re-examination of the EU-Member State dynamic in health, including calls for Treaty change. This was reinforced by the Conference on the Future of Europe in 2021-22 and proposals to re-cast health as a shared (EU-national) competence. While this refocuses the interaction beyond the COVID-19 pandemic, the form of the "European Health Union" continues to evolve, including with the creation of the European Health Emergency Preparedness and Response Authority (HERA). 

Law and Policy Developments

European Commission, Communication: Building a European Health Union - Preparedness and Resilience, November 2020

Conference on the Future of Europe 2022

Belgian Presidency of the European Council: European Health Union - June 2024

Key Insights

  • The conception of a "European Health Union" has evolved beyond a direct response to the COVID-19 pandemic to a more general force for keeping health high on the political agenda.

This has been indicated by a refocusing to foreground pharmaceutical access by the Belgian Presidency of the European Council between January and June 2024. 

  • While the development of a "European Health Union" did not ultimately result in a significant refocusing of the national competence regarding health, the COVID-19 response clearly demonstrated that there may be more interest in EU-level influence in national healthcare than previously thought. 

This has been indicated by the Conference on the Future of Europe's recommendations for a re-casting of health as a shared (EU-national) competence.

Policy Implications and Recommendations

  • The significance of the EU - national dynamic regarding healthcare should not be overlooked

This may find expression indirectly via concepts such as "solidarity" as well as explicit calls for Treaty change. 

  • Learning from the COVID-19 pandemic provides an important basis for learning about EU-level focus on health

This is both in terms of health threats, and more typical policy responses such as the possible institution of a health-focused Committee in the European Parliament term 2024-29, and future Commission mandates.

Learn more