Balancing Health With Other EU Policies: Ethics, Trade, Migration, Alcohol Brand Marketing, And AI
Chair(s): Mary Guy (LJMU), Mina Hosseini (University College Dublin)
Discussant(s): Eleanor Brooks (University of Edinburgh)
This panel explores how and where health is positioned when other EU policies are at issue, and the EU-level actors which may be involved. There are frequently concerns that a health focus can become displaced when juxtaposed with economic policies, but this may also be the case with wider policy matters. The Tobacco Advertising cases form a classic example of this, but other public health concerns also come to the fore. Wider geopolitical changes – not least the new US administration – are also contributing to changes in the positioning of both health and the EU on the global stage. The concerns may also relate to EU and Member State interaction, and naturally continue to evolve with the continuous development of new technologies.
The paper by Collado Perez-Llantada engages with the recent adoption of the EU Ethics Body as a lens for examining power imbalances in the legislative process to regulate the global health threat posed by antimicrobial resistance (AMR). Koivusalo and colleagues report on initial results of their Research Council of Finland project asking if trade and investment agreements protect public health and universal health coverage. They focus on new and emerging challenges for trade negotiations in light of recent EU trade negotiations and policymaker interviews. Roos examines the political dimensions shaping forced migrants’ access to health and healthcare in the EU, arguing that treating such access as a migration policy issue rather than a public health concern creates ethical dilemmas, systemic inefficiencies, and risks to public health. Souter considers the public health priority of preventing and reducing alcohol consumption and how this is tackled by the EU. In particular, Souter conceptualises alcohol brand marketing from a legal perspective to explore the rationale for excluding this from the Audiovisual Media Services Directive, which includes provisions on alcohol marketing, but appears insufficient to effectively reduce consumer exposure to alcohol marketing. Ryan uses inclusive design methodologies to examine the GDPR and the AI Act and how these interact with use cases of Symptom Checkers, and argue that a life cycle of the capability to consent exists, especially as generative AI changes the nature of services.
Presentations of the Symposium
The EU Ethics Body—An Opportunity to Restore Power Imbalances in the Legislative Process To Regulate Antimicrobial Resistance Through A One Health Approach
Juan Collado Perez-Llantada
University of Liverpool
In 2024, the EU adopted an interinstitutional body for ethical standards. The Ethics Body aims to restore trust through ethics, integrity and transparency. These are ‘essential for maintaining the trust of Union citizens in the political, legislative and administrative work of the Union institutions’. This paper examines whether the establishment of the EU ethics body is likely to achieve its objective within the legislative process. It focuses on one case study: how the EU has regulated to address antimicrobial resistance (AMR).
AMR is an urgent global health threat that will only be addressed if the EU tackles its complex and interrelated factors through a One Health Approach. This is an integrated, multifaceted, multisectoral public health intervention. To this effect, and to build trust in its approach to AMR, the EU must overcome conflicting interests that hamper the development and implementation of progressive regulation. In particular, the EU must reflect on how a One Health Approach can best protect public health, whilst being cognisant of the economic interests of the pharmaceutical and agrifood industries – two sectors of the EU’s economy that tend to promote excessive antimicrobial consumption (the main cause of AMR) to maximise their profits.
This focus enables us to uncover the effectiveness of the body. The paper argues that the Ethics Body represents a chance to comprehend the extent to which conflicts of interest emerge across the EU legislative process on AMR. This is with the introduction of new common minimum ethical standards across institutions. However, since it is not supported by appropriate accountability mechanisms, EU institutions will remain to struggle to restore citizen’s trust in the legislative process particularly, as they relate to complex societal issues such as AMR.
Trade Policy And European Health Governance
Meri Koivusalo1, Chloe Stephenson1, Corrado Piroddi1, Amitabha Sarkar1, Abbe Brown2, Anita Wagner3, Salla Atkins1, Alison McCallum4
1Tampere University, 2University of Aberdeen, 3Harvard Medical School and Harvard Pilgrim Health Care Institute, 4University of EdinburghTrade policy and European health governance
The new European Commission can expect turbulent and power-based trade policies especially in relation to the United States, but also European Union rules-based focus will be under change. The focus of our analysis is on the direction and changing relationship between European Union trade and health policy especially in relation to the EU Treaty obligations to ensure high level of health protection in all policies as well as the precautionary principle. We will analyse how trade-related regulatory principles and new industry driven principles such as innovation principle relate to these obligations. Furthermore, the division of competence has further implications for trade policy negotiations and sustainable financing of health systems. As health systems have become more commercialized, they have become part of wider interests of trade policy. In addition to higher costs of novel pharmaceuticals, new technologies and digitalisation provide novel avenues for trade with consequences to governance, access to data, and sustainable financing of health systems. Our presentation will report initial results from our Research Council of Finland project asking if trade and investment agreements protect public health and universal health coverage. In this presentation our focus will be on new and emergent challenges for trade negotiations in the light of recently finalized EU trade negotiations, policymaker interviews, trade-related documents, and broader policy documents concerning i) precautionary principle and health protection, ii) post-pandemic priorities in the context of intellectual property rights and pharmaceuticals, and iii) commercialisation and health systems governance.
The Politics Behind Forced Migrants’ Access to Health and Healthcare
Mechthild Roos
University of Augsburg
This paper examines the political dimensions shaping forced migrants' access to health and healthcare in the EU. Despite international recognition of health as a fundamental human right, forced migrants face significant barriers to healthcare access, stemming from both limited legal entitlements and practical implementation challenges. The analysis explores three key aspects: the inter- and supranational legal framework and policy-making processes in the host states affecting health(care) access; forced migrants' specific health needs and circumstances across pre-migration, migration, and post-migration phases; and the challenges arising from healthcare policies' increasing politicisation. The paper argues that treating forced migrants' access to health(care) primarily as a migration policy issue rather than a public health concern creates ethical dilemmas, systemic inefficiencies and risks to public health.
The Regulation Of Alcohol Brand Marketing In The European Union
Jaydon Souter
University of Liverpool
The prevention and reduction of alcohol consumption has been declared a public health priority. One important legal intervention is comprehensive restrictions on the marketing of alcohol – such marketing being associated with its increased consumption and normalization. The European Union (EU) has attempted to address this problem through, inter alia, the Audiovisual Media Services Directive (AVMSD). The AVMSD contains provisions which apply directly to alcohol marketing, as well as more general provisions on sponsorship. Yet, this paper proffers the view that the AVMSD is insufficient to reduce effectively consumers’ exposure to alcohol marketing. This paper attributes this to brand marketing being excluded from regulatory frameworks, so restrictions apply only to alcoholic beverages rather than brands more generally. This serves as a loophole through which the alcohol industry continues to expose consumers to its brands which are often synonymous with its products. This is a concern because brand marketing increases, normalizes, and encourages the earlier initiation of alcohol consumption.
This paper aims to conceptualize the notion of alcohol brand marketing of which there is no developed legal analysis. Having understood alcohol branding and how it is used, it reviews the current evidence- base which links alcohol brand marketing to its increased consumption and normalization. It then seeks to understand the rationale for excluding brand marketing from the AVMSD and how such exclusion can be remedied. It concludes that, without a renewed framing on what alcohol marketing constitutes, the AVMSD, as it currently stands, is insufficient to denormalize alcohol consumption.
The Case For Inclusive Design Of EU Regulations Of AI In Health
Philip Ryan
University College Dublin
Regulating technology can be difficult, and the current explosion of generative Artificial Intelligence (AI) has left even the companies producing the technologies struggling to keep up. Through vignettes of AI supported health technologies for rare disease diagnosis and support, the paper proposes an Inclusive Design approach to regulation analysis and proposes possible models for dynamic structures to react to ever changing technologies. The main regulatory focus is the implementation of the General Data Protection Regulation (GDPR) (2018), and the EU AI Act (2023), and their interaction with use cases of Symptom Checkers.
Using Inclusive Design methodologies an argument is made that a life cycle of the capability to consent exists, especially as generative AI changes the nature of services. Through analysis of the regulations and literature, current and possible future users’ experiences of technology are parsed through hypothetical vignettes scenarios of Symptom Checker use. With these technologies, especially chatbots, companies can reduce the amount of accessibility to accountable authorities (face work), reducing agency while increasing the responsibilities of the user (shadow work). These imagine future capacities of generative AI and related benefits and dangers based on previous instances and predictions. Information provided for a service years ago could be used in manners practically unimaginable at the time of consent to the data being stored. In the new realities brought about by these technologies’ regulations will have to answer more scenarios and hopefully protect ever more marginalized users/citizens.