City Research Online

Abstract

Regulation of Substances of Human Origin (SoHO) is an important topic of Union health law both in the context of research and in the context of healthcare services and treatment of patients. When we observe Union SoHO law, we do not only observe a linear movement towards greater harmonisation and less differentiation between national laws. At the same time as the ‘expected’ harmonisation processes of an inexorable process of greater Union law coverage of a field, and less space for national difference, we also observe counter-processes in the opposite direction. Focusing on the role of the Court of Justice of the Union to understand the dynamics of Union regulation of the sector through the analysis of 19 SoHO cases, this article proposes two new legal analytical concepts to explain these processes: ‘defragmentation’ and ‘fragmentation’ which provide an explanatory model as a tool of legal science to use to promote greater understanding of Union law.

Publication Type:	Article
Additional Information:	© AURÉLIE MAHALATCHIMY ET AL. Published with license by Koninklijke Brill B. This is an open access article distributed under the terms of the CC BY 4.0 licence.
Publisher Keywords:	Case law; Court of Justice of the European Union (cjeu); Defragmentation; European Union law; Explanatory model; Fragmentation; Harmonisation; Substances of Human Origin (SoHO)
Subjects:	K Law > K Law (General) K Law > KZ Law of Nations Q Science > QM Human anatomy
Departments:	The City Law School The City Law School > Academic Programmes
SWORD Depositor:	Symplectic Administrator

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