Analysis of the national legal regulation related to protection of population from communicable diseases - Compliance with the EU regulation

Sjeničić, Marta and Miljuš, Dragan and Milenković, Marko (2016) Analysis of the national legal regulation related to protection of population from communicable diseases - Compliance with the EU regulation. Pravni život : časopis za pravnu teoriju i praksu, 65 (9). pp. 321-337. ISSN 0350-0500

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Abstract

According to the EU regulation, health care is the subject of national regulation of the Member States. In specific cases, such as protection from communicable diseases, international and European regulation have some competences. Namely, danger of communicable diseases spreading does not recognize state borders and can represent danger for a number of states. Serbia, as a member of WHO and the signatory of International Health Regulations of WHO, has, therefore, the obligation to harmonize its regulation and activities with International Health Regulations. Beside this, national regulation should be harmonized with the part of EU regulation related to protection from cross-border spreading of communicable diseases. Serbian laws give the basis for harmonization with international and EU regulation. As for any other subarea in health, Health Care Law contains also basic provisions related to protection of population form communicable diseases, which enable further work: it emphasizes the importance of protection of population from communicable diseases, defines relevant subjects in this area on the national level and refers to the law related specifically to this issue, which is Law on Protection of Population from Communicable Diseases. Newly enacted is Law on Protection of Population from Communicable Diseases and, so far, passed bylaw regulation, different solution of international and EU regulation have been adopted in this area. There is, however, still space for harmonisation and that could be achieved through amendments to existing regulation and through passing of the adequate by-regulation.

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