Expanding EU Competence in Health? The Need for and Feasibility of Treaty Change

Following the COVID-19 pandemic, various voices proposed to change the EU Treaties to expand EU competence in the field of health. But is such treaty change needed? Is it even feasible? This article demonstrates that, overall, the need for Treaty change to expand EU competence in health might be desirable to avoid health remaining mainly an ‘accessory’ objective of other policies, and that health legislation is produced in fora that do not include the participation of national health policymakers. If made, such Treaty change might lead to an empowerment of national health representation, but not necessarily to less EU legislation on health. In any case, a revision of the Treaty, which requires that all EU countries must unanimously agree on it, seems unlikely at the moment. Indeed, several Member States are not in favour of Treaty change. Even if the Treaties (and consequently EU competence in health) remain as they are now, the role of national health representatives in EU policy making could be enhanced by reinforcing the synergies between ministries of health and other ministries.