The Ethical Spirit of EU Law
This open access book seeks to identify the ethical spirit of European Union (EU) law, a context in which we can observe a trend towards increasing references to the terms ‘ethics’ and ‘morality.’ This aspect is all the more important because EU law is no
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The Ethical Spirit of EU Law
The Ethical Spirit of EU Law
Markus Frischhut
The Ethical Spirit of EU Law
Markus Frischhut Management Center Innsbruck Jean Monnet Chair “European Integration & Ethics” Innsbruck, Austria
This book has been kindly financed by the European Commission under Erasmus+ (Jean Monnet Chair ‘European Integration & Ethics’), as well as by Management Center Innsbruck. Website: https://jeanmonnet.mci.edu/
ISBN 978-3-030-10581-5 ISBN 978-3-030-10582-2 https://doi.org/10.1007/978-3-030-10582-2
(eBook)
Library of Congress Control Number: 2018968108 © The Editor(s) (if applicable) and The Author(s) 2019. This book is an open access publication. Open Access This book is licensed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made. The images or other third party material in this book are included in the book’s Creative Commons license, unless indicated otherwise in a credit line to the material. If material is not included in the book’s Creative Commons license and your intended use is not permitted by statutory regulation or exceeds the permitted use, you will need to obtain permission directly from the copyright holder. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors, and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. This Springer imprint is published by the registered company Springer Nature Switzerland AG The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland
The book is dedicated to all those who supported and inspired me during the drafting process.
Preface
The law of the European Union (EU) affects more and more areas of national law, including also some sensitive fields, for instance patentability of human life. At the same time, we can observe a tendency towards increasing references to the terms ‘ethics’ and ‘morality’ in EU law. Especially if unethical behaviour leads to legal consequences, the often missing determination of these concepts remains a challenge. The starting point of this journey was the EU directive on patients’ rights in cross-border health care, which states sever
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