National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law

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Author :
Publisher : Springer
ISBN 13 : 9462652732
Total Pages : 1522 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law by : Anneli Albi

Download or read book National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law written by Anneli Albi and published by Springer. This book was released on 2019-05-29 with total page 1522 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.

Defending Checks and Balances in EU Member States

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Publisher : Springer Nature
ISBN 13 : 366262317X
Total Pages : 478 pages
Book Rating : 4.6/5 (626 download)

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Book Synopsis Defending Checks and Balances in EU Member States by : Armin von Bogdandy

Download or read book Defending Checks and Balances in EU Member States written by Armin von Bogdandy and published by Springer Nature. This book was released on 2021-01-05 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.

The Government of Poland

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Author :
Publisher : Indianapolis : Bobbs-Merrill Company
ISBN 13 :
Total Pages : 168 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Government of Poland by : Jean-Jacques Rousseau

Download or read book The Government of Poland written by Jean-Jacques Rousseau and published by Indianapolis : Bobbs-Merrill Company. This book was released on 1972 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Struggle for Constitutionalism in Poland

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Publisher : Springer
ISBN 13 : 0230508626
Total Pages : 268 pages
Book Rating : 4.2/5 (35 download)

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Book Synopsis The Struggle for Constitutionalism in Poland by : M. Brzezinski

Download or read book The Struggle for Constitutionalism in Poland written by M. Brzezinski and published by Springer. This book was released on 1997-10-29 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This first time in paperback is the best comprehensive examination of the development of constitutionalism in Poland. In particular, this book examines Poland's long-term constitutional history, the adoption of a new constitutional framework after 1989, and the establishment of structures and procedures designed to institutionalize enduring respect for constitutional rules and principles. Notwithstanding continuing challenges in Poland, the groundwork for constitutionalism based on notions of limited government and reflective of European constitutional norms has emerged from the collapse of the communist system of power.

Originalism and the Good Constitution

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Publisher : Harvard University Press
ISBN 13 : 067472626X
Total Pages : 309 pages
Book Rating : 4.6/5 (747 download)

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Book Synopsis Originalism and the Good Constitution by : John O. McGinnis

Download or read book Originalism and the Good Constitution written by John O. McGinnis and published by Harvard University Press. This book was released on 2013-11-01 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme Court because it was enacted by supermajorities--both its original enactment under Article VII and subsequent Amendments under Article V. A text approved by supermajorities has special value in a democracy because it has unusually wide support and thus tends to maximize the welfare of the greatest number. The authors recognize and respond to many possible objections. Does originalism perpetuate the dead hand of the past? How can originalism be justified, given the exclusion of African Americans and women from the Constitution and many of its subsequent Amendments? What is originalism's place in interpretation, after two hundred years of non-originalist precedent? A fascinating counterfactual they pose is this: had the Supreme Court not interpreted the Constitution so freely, perhaps the nation would have resorted to the Article V amendment process more often and with greater effect. Their book will be an important contribution to the literature on originalism, now the most prominent theory of constitutional interpretation.

Human Rights in a Time of Populism

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Publisher : Cambridge University Press
ISBN 13 : 1108485499
Total Pages : 297 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Human Rights in a Time of Populism by : Gerald L. Neuman

Download or read book Human Rights in a Time of Populism written by Gerald L. Neuman and published by Cambridge University Press. This book was released on 2020-04-09 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading experts examine the threats posed by populism to human rights and the international systems and explore how to confront them.

Rule of Law, Common Values, and Illiberal Constitutionalism

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Publisher : Routledge
ISBN 13 : 1000172430
Total Pages : 176 pages
Book Rating : 4.0/5 (1 download)

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Book Synopsis Rule of Law, Common Values, and Illiberal Constitutionalism by : Tímea Drinóczi

Download or read book Rule of Law, Common Values, and Illiberal Constitutionalism written by Tímea Drinóczi and published by Routledge. This book was released on 2020-09-08 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges the idea that the Rule of Law is still a universal European value given its relatively rapid deterioration in Hungary and Poland, and the apparent inability of the European institutions to adequately address the illiberalization of these Member States. The book begins from the general presumption that the Rule of Law, since its emergence, has been a universal European value, a political ideal and legal conception. It also acknowledges that the EU has been struggling in the area of value enforcement, even if the necessary mechanisms are available and, given an innovative outlook and more political commitment, could be successfully used. The authors appreciate the different approaches toward the Rule of Law, both as a concept and as a measurable indicator, and while addressing the core question of the volume, widely rely on them. Ultimately, the book provides a snapshot of how the Rule of Law ideal has been dismantled and offers a theory of the Rule of Law in illiberal constitutionalism. It discusses why voters keep illiberal populist leaders in power when they are undeniably acting contrary to the Rule of Law ideal. The book will be of interest to academics and researchers engaged with the foundational questions of constitutionalism. The structure and nature of the subject matter covered ensure that the book will be a useful addition for comparative and national constitutional law classes. It will also appeal to legal practitioners wondering about the boundaries of the Rule of Law.

The Constitution of Poland

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509913955
Total Pages : 246 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Constitution of Poland by : Miroslaw Granat

Download or read book The Constitution of Poland written by Miroslaw Granat and published by Bloomsbury Publishing. This book was released on 2019-11-28 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the Polish Constitution of 1997, concentrating on its structure, its substance and some of the institutional choices made by the drafters. The core of the Constitution is similar to other liberal democratic constitutions, but, in addition, it regulates a number of issues – such as public finances and sources of law – that are new to Polish constitutionalism and to constitutionalism in general. It considers in a detailed manner certain institutional choices made in the Constitution, such as the bicameral parliament, the peculiar structure of the executive branch, as well as the principle of independence of courts and judges, fundamental rights and local government. The book is a vital resource for all those interested in Poland's Constitution, and the rich comparative constitutional insights the country offers. In addition to explaining the 1997 Constitution in its political, historical, and social context, the book tackles the radical changes, in particular within the judicial branch, introduced by the new governing majority since 2015. These new regulations, constitutional in character, but without formally changing the Constitution, challenged the rule of law, a key component of membership in the European Union. Despite the negative nature of these recent developments, the anchoring of Polish constitutional law in European constitutionalism presents a source of optimism that the 1997 Constitution will regain its position as the supreme law of the state.

Poland's Transformation

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Publisher : Transaction Publishers
ISBN 13 : 9780967996028
Total Pages : 314 pages
Book Rating : 4.9/5 (96 download)

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Book Synopsis Poland's Transformation by : Marek Jan Chodakiewicz

Download or read book Poland's Transformation written by Marek Jan Chodakiewicz and published by Transaction Publishers. This book was released on 2003 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Poland has carried out two peaceful revolutions in the span of one generation: first, the self-limiting movement of Solidarity, which undermined the legitimacy of Communism and then a negotiated transfer of power from Communism to free market democracy. Today, while Poland is seen as a success story and is joining political and economic associations in the democratic West, Poles themselves seem downcast. They ask: is social anomie a price worth paying for a successful transformation? In making moral compromises with an outgoing tyranny, can one avoid cynicism and disappointment with democracy? Zbigniew Brzezinski, professor of American Foreign Policy at Johns Hopkins University has called Polish Transformation "a work that provides a comprehensive as well as incisive overview of the extraordinary difficult and historically unprecedented process of transforming an increasingly corrupt and decayed totalitarian system into a modern democracy." John Lenczowski, director of the Institute of World Politics, adds that "this extremely useful volume explains the essential elements of the post-communist political transition in Poland. Its authors convey...the cultural and ideological underpinnings that can be captured only by authorities who have developed over a lifetime that special sixth sense for detecting the elusive and unquantifiable soul of a country." Radek Sikorski, the executive director of the New Atlantic Initiative at the American Enterprise Institute, writes that "we should be grateful to the authors and editors of this thoughtful volume for asking questions which remain relevant for that uncomfortably large part of humanity that still lives under totalitarian or authoritarian regimes." Marek Jan Chodakiewicz holds the Kosciuszko chair in Polish Studies at the Miller Center of Public Affairs at the University of Virginia. He is the author of After the Holocaust: Polish-Jewish Conflict in the Wake of World War II and Between Nazis and Soviets: A Case Study of Occupation Politics in Politics, 1939-1947. John Radzilowski is author and editor of numerous works ranging from Polish to East European history. Darius Tolczyk is associate professor of Slavic Languages at the University of Virginia. He is the author of See No Evil: Literary Cover-Ups and Discoveries of the Soviet Camp Experience.

Poland's Constitutional Breakdown

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Publisher :
ISBN 13 : 0198840500
Total Pages : 305 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Poland's Constitutional Breakdown by : Wojciech Sadurski

Download or read book Poland's Constitutional Breakdown written by Wojciech Sadurski and published by . This book was released on 2019 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Poland's anti-constitutional breakdown poses three questions that this book sets out to answer: What, exactly, has happened since 2015? Why did it happen? And what are the prospects for a return to liberal democracy?

Constitution for a Disunited Nation

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Publisher : Central European University Press
ISBN 13 : 6155225184
Total Pages : 589 pages
Book Rating : 4.1/5 (552 download)

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Book Synopsis Constitution for a Disunited Nation by : Gabor Attila Toth

Download or read book Constitution for a Disunited Nation written by Gabor Attila Toth and published by Central European University Press. This book was released on 2012-12-20 with total page 589 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than two decades after the post-communist constitutional transition, Hungary got into the spotlight again. As a result of the 2010 elections, the governing majority gained two-thirds of the seats in parliament, which made constitutional revision exceptionally easy, bypassing extensive political and social deliberations. In April 2011, on the first anniversary of the 2010 election, a brand new constitution was promulgated, named the Fundamental Law. This collection is the most comprehensive account of the Fundamental Law and its underlying principles. The objective is to analyze this constitutional transition from the perspectives of comparative constitutional law, legal theory and political philosophy. The authors outline and analyze how the current constitutional changes are altering the basic structure of the Hungarian State. The key concepts of the theoretical inquiry are sociological and normative legitimacy, majoritarian and partnership approach to democracy, procedural and substantive elements of constitutionalism. Changes are also examined in the field of human rights, focusing on the principles of equality, dignity, and civil liberties.

How Constitutional Rights Matter

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Publisher :
ISBN 13 : 0190871458
Total Pages : 397 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis How Constitutional Rights Matter by : Adam S. Chilton

Download or read book How Constitutional Rights Matter written by Adam S. Chilton and published by . This book was released on 2020 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do countries that add rights to their constitutions actually do better at protecting those rights? This study draws on global statistical analyses and survey experiments to answer this question. It explores whether constitutionalizing rights improves respect for those rights in practice.

Democracy in Poland

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Publisher : Routledge
ISBN 13 : 1317396219
Total Pages : 176 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis Democracy in Poland by : Anna Gwiazda

Download or read book Democracy in Poland written by Anna Gwiazda and published by Routledge. This book was released on 2015-07-24 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses the quality of democracy in Poland from the collapse of communism in 1989 up to the 2011 parliamentary election. It presents an in-depth, empirically grounded study comparing two decades of democratic politics. Drawing on democratic theory and comparative politics, the book puts forward an evaluation of democracy based on four dimensions: representation, participation, competition and accountability. The book is an important contribution to debates on the performance of the new democracies in Central and Eastern Europe, where some scholars argue that there is a ‘democratic crisis’, that, after a period of democratic progress, most of these countries are experiencing democratic fatigue and that their democratic performance is poor. However, the Polish case shows that democracy is not in crisis - in fact, the quality of democracy in Poland has improved. The book shows that democratic quality stems from good democratic institutions. Moreover, the Polish case shows useful lessons that can be learnt by democratic reformers in countries that are undergoing the transition to democracy or are aiming to consolidate their democratic systems. It concludes that effective accountability, good representation and stable competition are vital.

Poland's Transformation

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Publisher : Routledge
ISBN 13 : 1351499327
Total Pages : 379 pages
Book Rating : 4.3/5 (514 download)

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Book Synopsis Poland's Transformation by : Bjorn Kurten

Download or read book Poland's Transformation written by Bjorn Kurten and published by Routledge. This book was released on 2017-07-12 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Poland has carried out two peaceful revolutions in the span of one generation: first, the self-limiting movement of Solidarity, which undermined the legitimacy of Communism and then a negotiated transfer of power from Communism to free market democracy. Today, while Poland is seen as a success story and is joining political and economic associations in the democratic West, Poles themselves seem downcast. They ask: is social anomie a price worth paying for a successful transformation? In making moral compromises with an outgoing tyranny, can one avoid cynicism and disappointment with democracy? Zbigniew Brzezinski, professor of American Foreign Policy at Johns Hopkins University has calledPolish Transformation"a work that provides a comprehensive as well as incisive overview of the extraordinary difficult and historically unprecedented process of transforming an increasingly corrupt and decayed totalitarian system into a modern democracy." John Lenczowski, director of the Institute of World Politics, adds that "this extremely useful volume explains the essential elements of the post-communist political transition in Poland. Its authors convey...the cultural and ideological underpinnings that can be captured only by authorities who have developed over a lifetime that special sixth sense for detecting the elusive and unquantifiable soul of a country." Radek Sikorski, the executive director of the New Atlantic Initiative at the American Enterprise Institute, writes that "we should be grateful to the authors and editors of this thoughtful volume for asking questions which remain relevant for that uncomfortably large part of humanity that still lives under totalitarian or authoritarian regimes."

Introduction to the Constitution of the Republic of Poland

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Author :
Publisher : Wydawnictwo Instytutu Wymiaru Sprawiedliwości
ISBN 13 : 8366344525
Total Pages : 256 pages
Book Rating : 4.3/5 (663 download)

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Book Synopsis Introduction to the Constitution of the Republic of Poland by : Bogumił Szmulik

Download or read book Introduction to the Constitution of the Republic of Poland written by Bogumił Szmulik and published by Wydawnictwo Instytutu Wymiaru Sprawiedliwości. This book was released on 2020 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction to the Constitution of the Republic of Poland by Bogumił Szmulik and Jarosław Szymanek is a cohesive and no-nonsense overview serving as an unassuming and reader-friendly compendium of the current Polish Constitution. With each chapter, the authors gradually introduce readers to the world of legal and political constitutional complexities. Without overloading readers with information, they conduct a comprehensible if accessible narration as well as providing intelligible but nuanced and critical accounts of difficult and controversial matters. Despite its modest title, their work is much more than a simple introduction to the Polish Constitution. Readers will find here not only an approachable analysis of the contents of the 1997 Constitution but will also become familiar with the practice of its implementation as well as with the trajectories of related debates and proposals for future changes. Such a comprehensive approach on the part of the authors makes the book suitable not only for constitutional lawyers, i.e., professionals, but for a much wider group of general readers, both at home and abroad. After all, each of us – regardless of our type of education or scope of interests – ought to be conversant with the constitution of our country. As regards international readers, the English translation of the book may well be the only wide-ranging publication available presenting the Polish fundamental statute. Prof. dr hab. Genowefa Grabowska Authored by Bogumił Szmulik and Jarosław Szymanek, the monograph is an invaluable and fascinating example of a scholarly publication. The book specifies and explains the solutions – often very general and challenging in terms of interpretation – adopted by the legislators in the Constitution of the Republic of Poland. The mode of disquisition is informed by didacticism and systematism, making the publication exceptionally valuable, given the wide range of readers currently interested in constitutional matters. Concise and simultaneously packed with information, Introduction to the Constitution of the Republic of Poland is also likely to constitute an important point of reference while solving theoretical and practical dilemmas connected with the Polish fundamental statute. dr hab. Paweł Sobczyk, prof. UO

Jozef Pilsudski

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Publisher : Harvard University Press
ISBN 13 : 0674275853
Total Pages : 641 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Jozef Pilsudski by : Joshua D. Zimmerman

Download or read book Jozef Pilsudski written by Joshua D. Zimmerman and published by Harvard University Press. This book was released on 2022-06-28 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: The story of the enigmatic Jozef Pilsudski, the founding father of modern Poland: a brilliant military leader and high-minded statesman who betrayed his own democratic vision by seizing power in a military coup. In the story of modern Poland, no one stands taller than Jozef Pilsudski. From the age of sixteen he devoted his life to reestablishing the Polish state that had ceased to exist in 1795. Ahead of World War I, he created a clandestine military corps to fight Russia, which held most Polish territory. After the war, his dream of an independent Poland realized, he took the helm of its newly democratic political order. When he died in 1935, he was buried alongside Polish kings. Yet Pilsudski was a complicated figure. Passionately devoted to the idea of democracy, he ceded power on constitutional terms, only to retake it a few years later in a coup when he believed his opponents aimed to dismantle the democratic system. Joshua Zimmerman’s authoritative biography examines a national hero in the thick of a changing Europe, and the legacy that still divides supporters and detractors. The Poland that Pilsudski envisioned was modern, democratic, and pluralistic. Domestically, he championed equality for Jews. Internationally, he positioned Poland as a bulwark against Bolshevism. But in 1926 he seized power violently, then ruled as a strongman for nearly a decade, imprisoning opponents and eroding legislative power. In Zimmerman’s telling, Pilsudski’s faith in the young democracy was shattered after its first elected president was assassinated. Unnerved by Poles brutally turning on one another, the father of the nation came to doubt his fellow citizens’ democratic commitments and thereby betrayed his own. It is a legacy that dogs today’s Poland, caught on the tortured edge between self-government and authoritarianism.

Organization and Financing of Public Health Services in Europe

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Author :
Publisher : World Health Organization
ISBN 13 : 9289051701
Total Pages : 148 pages
Book Rating : 4.2/5 (89 download)

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Book Synopsis Organization and Financing of Public Health Services in Europe by : Centers of Disease Control

Download or read book Organization and Financing of Public Health Services in Europe written by Centers of Disease Control and published by World Health Organization. This book was released on 2018-06-29 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: What are public health services? Countries across Europe understand what they are or what they should include differently. This study describes the experiences of nine countries detailing the ways they have opted to organize and finance public health services and train and employ their public health workforce. It covers England France Germany Italy the Netherlands Slovenia Sweden Poland and the Republic of Moldova and aims to give insights into current practice that will support decision-makers in their efforts to strengthen public health capacities and services. Each country chapter captures the historical background of public health services and the context in which they operate; sets out the main organizational structures; assesses the sources of public health financing and how it is allocated; explains the training and employment of the public health workforce; and analyses existing frameworks for quality and performance assessment. The study reveals a wide range of experience and variation across Europe and clearly illustrates two fundamentally different approaches to public health services: integration with curative health services (as in Slovenia or Sweden) or organization and provision through a separate parallel structure (Republic of Moldova). The case studies explore the context that explain this divergence and its implications. This study is the result of close collaboration between the European Observatory on Health Systems and Policies and the WHO Regional Office for Europe Division of Health Systems and Public Health. It accompanies two other Observatory publications Organization and financing of public health services in Europe and The role of public health organizations in addressing public health problems in Europe: the case of obesity alcohol and antimicrobial resistance (both forthcoming).