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Harmonisation, European Standardisation and the New Approach (2023)
Book Chapter
Van Leeuwen, B. (in press). Harmonisation, European Standardisation and the New Approach. In R. Schütze, & T. Tridimas (Eds.), Oxford Principles of European Union Law, Volume II: Internal Market. Oxford University Press

From Discipline to Quality of Care: How Neurologists Can Learn from Decisions of Disciplinary Tribunals (2022)
Journal Article
Gimbel, I., Mostert, M., Van Leeuwen, B., & Van Leeuwen, R. (2022). From Discipline to Quality of Care: How Neurologists Can Learn from Decisions of Disciplinary Tribunals. European Neurology, 85(3), 202-207. https://doi.org/10.1159/000521391

Background: One of the primary aims of medical disciplinary law is to improve the quality of care. However, the decisions of disciplinary tribunals are not sufficiently analysed to identify the learning elements. Aim: This study aimed to investigate... Read More about From Discipline to Quality of Care: How Neurologists Can Learn from Decisions of Disciplinary Tribunals.

Legal Empathy in the Internal Market: Free Movement Law as a Comparative Dialogue (2021)
Journal Article
Van Leeuwen, B. (2021). Legal Empathy in the Internal Market: Free Movement Law as a Comparative Dialogue. European law review, 46(5), 625-646

This paper characterises and analyses free movement law as an exercise in legal empathy. Negative integration in the internal market is based on and facilitated by differences in national laws, which are explored through the free movement provisions.... Read More about Legal Empathy in the Internal Market: Free Movement Law as a Comparative Dialogue.

Free Movement of Life? The Interaction Between the Best Interests Test and the Right to Freely Receive Services in Tafida Raqeeb (2020)
Journal Article
Van Leeuwen, B. (2020). Free Movement of Life? The Interaction Between the Best Interests Test and the Right to Freely Receive Services in Tafida Raqeeb. Public Law, 398-408

Comments on Raqeeb v Barts NHS Foundation Trust (Admin) on whether parents had the right to take their child to Italy for continuing care after UK doctors recommended that treatment be withdrawn. Discusses the distinction between the best interests t... Read More about Free Movement of Life? The Interaction Between the Best Interests Test and the Right to Freely Receive Services in Tafida Raqeeb.

Towards Europeanisation Through the Proportionality Test? The Impact of Free Movement Law on Medical Professional Discipline (2020)
Journal Article
Van Leeuwen, B. (2020). Towards Europeanisation Through the Proportionality Test? The Impact of Free Movement Law on Medical Professional Discipline. European Law Journal: Review of European Law in Context, 26(1-2), 61-82. https://doi.org/10.1111/eulj.12362

Medical doctors can exercise their free movement rights to escape the control of professional regulation at the national level. This “darker side” of free movement of doctors has received a lot of attention. This article will show that the free movem... Read More about Towards Europeanisation Through the Proportionality Test? The Impact of Free Movement Law on Medical Professional Discipline.

The Patient in Free Movement Law: Medical History, Diagnosis and Prognosis (2019)
Journal Article
Van Leeuwen, B. (2019). The Patient in Free Movement Law: Medical History, Diagnosis and Prognosis. The Cambridge yearbook of European legal studies, 21, 162-186. https://doi.org/10.1017/cel.2019.5

Free movement of patients has been criticised from the moment that the first patient cases reached the CJEU. The moving patient supposedly increases consumerism, reduces national solidarity and has a negative impact on the quality of healthcare provi... Read More about The Patient in Free Movement Law: Medical History, Diagnosis and Prognosis.

Market Access, The New Approach And Private Law (2019)
Journal Article
Van Leeuwen, B. (2019). Market Access, The New Approach And Private Law. European Review of Private Law, 27(2), 269-292

In James Elliott and Schmitt, the ECJ refused to extend the scope of application of European standards adopted under the New Approach to private law disputes. This article argues that the ECJ’s judgments were based on a static interpretation of the c... Read More about Market Access, The New Approach And Private Law.

Standardisation in the Internal Market for Services: An Effective Alternative to Harmonisation? (2018)
Journal Article
Van Leeuwen, B. (2018). Standardisation in the Internal Market for Services: An Effective Alternative to Harmonisation?. Revue internationale de droit économique, 32(3), 319-332

The New Approach gives an important role to European standardisation in the improvement of the internal market for goods. Such a New Approach does not exist for services. For services, it is more difficult to maintain the distinction between law and... Read More about Standardisation in the Internal Market for Services: An Effective Alternative to Harmonisation?.

Euthanasia and the Ethics of Free Movement Law: The Principle of Recognition in the Internal Market (2018)
Journal Article
Van Leeuwen, B. (2018). Euthanasia and the Ethics of Free Movement Law: The Principle of Recognition in the Internal Market. German law journal, 19(6), 1417-1436

The free movement provisions enable EU citizens to follow their own ethical preferences by going to a Member State that has made a different ethical choice from their home Member State. However, UK citizens who have assisted suicide or euthanasia abr... Read More about Euthanasia and the Ethics of Free Movement Law: The Principle of Recognition in the Internal Market.

Position Paper on the Fitness Check of EU Consumer Law (2018)
Journal Article
Colombi Ciacchi, A., Hodges, C., Van Leeuwen, B., Mak, V., Micklitz, H., Rueda, I., …Weatherill, S. (2018). Position Paper on the Fitness Check of EU Consumer Law. European Review of Private Law, 26(5), 703-706

The liability of notified bodies under the EU's New Approach: the implications of the PIP breast implants case (2018)
Journal Article
Verbruggen, P., & Van Leeuwen, B. (2018). The liability of notified bodies under the EU's New Approach: the implications of the PIP breast implants case. European law review, 43(3), 394-409

In this article, we analyse the consequences of the CJEU’s judgment in Schmitt , a preliminary reference concerning the potential liability of the notified body TÜV Rheinland vis-à-vis women who had received breast implants produced by the French man... Read More about The liability of notified bodies under the EU's New Approach: the implications of the PIP breast implants case.

Rethinking the Structure of Free Movement Law: The Centralisation of Proportionality in the Internal Market (2017)
Journal Article
Van Leeuwen, B. (2017). Rethinking the Structure of Free Movement Law: The Centralisation of Proportionality in the Internal Market. European Journal of Legal Studies, 10(1), 235-265

This article analyses three important developments in EU free movement law from the perspective of the structure of free movement law. Each of these developments – market access, horizontal direct effect and the assimilation of justifications – is ca... Read More about Rethinking the Structure of Free Movement Law: The Centralisation of Proportionality in the Internal Market.