@article{2025:calliess:filling_th,
title = {Filling the Competence Gap in the Health Policy of the European Union (EU) by a New Article 168 (4) d) TFEU – Lessons Learned from the Covid-19 Pandemic –},
year = {2025},
note = {This article deals with the capabilities and limitations of the
European Union in adopting measures in the fight against pandemics on
the basis of legal and economic evaluative criteria. The Covid-19
pandemic has directed the spotlight on the EU’s seemingly fumbling
response in handling pandemics. The reason for this appearance of
ineffectiveness lies in the lack of material competence of the EU in
this area, which currently is limited to only a ‘coordination
competence’ for health policy. The EU is thus dependent on the
consensus and cooperation of all Member States in adopting measures
such as the rules on vaccine procurement and on the vaccination
passport. At the same time, given that pandemics do not stop at
national borders, the European idea is dependent on a successful
European response to pandemics, as only a common strategy can avoid
border controls and ensure effective measures. Accordingly, the
treaties include the goal of combating health hazards. However, the
discrepancy between the European goal and the lack of necessary
competences for its efficient accomplishment endangers  the European
idea as well as the Union’s legitimacy. This must be resolved
through an addition to the competence, while taking into account the
criteria of the subsidiarity principle. This article proposes an
amendment to add a subsection (subsection ‘d)’) to Article 168(4)
of the Treaty on the Functioning of the European Union (TFEU) to
supplement the EU’s competence and to enable the EU to adequately
react to future pandemics.},
journal = {Zeitschrift für ausländisches öffentliches Recht und Völkerrecht / Heidelberg Journal of International Law},
pages = {1045--1074},
author = {Calliess, Christian},
volume = {85},
number = {4}
}