The Treaty of Lisbon frames the European Union’s ability to act, creating a structural conflict between its strict division of competences and the comprehensive, borderless nature of the One Health (OH) approach required for effective pandemic proactiveness.
The One Health Approach and the Treaty of Lisbon’s Competences
The European Union’s implementation of its proactive pandemic strategy through the One Health (OH) approach must navigate the Treaty of Lisbon’s (ToL) division of powers, primarily relying on two categories:
- Shared Competence (Article 4 TFEU): The OH strategy will be most robustly implemented by leveraging the EU’s power in Environmental policy. Since the OH model focuses on tackling environmental disruptors (like climate change and deforestation) that increase zoonotic risk, the EU can adopt binding, harmonizing acts in the environmental sphere. Similarly, its role in supporting the European Research Area and funding research into health threats falls under the shared competence of research, technological development, and space.
- Supporting Competence (Article 6 TFEU): The direct impact on human health protection and improvement is constrained by this category. The EU can only support, coordinate, or supplement Member State actions. While it can coordinate responses via bodies like Health Emergency Preparedness and Response (HERA), it cannot adopt legal acts that enforce a common, harmonized EU standard for healthcare practices or general public health laws across the bloc.
