Some understandings of European Union health law are based on a presumption of law as a static and closed system. This approach to the Union as a legal entity has important ramifications. The Union is a political system created by and subject to the rule of law. Its successes (and failures) are attributable to the legalisation of solving externalities and ensuring Member State solidarity to gain benefits from integration. Member States, which create and sustain the Union by repeated acts of sovereign choice, choose to subject themselves to the rule of (Union) law. This protects both the Member States and the Union institutions (imperfectly, but nonetheless) from charges of illegitimacy. While recognising the benefits of such an approach to European Union integration and law-making, we take the view that law also has an important dynamic potential. That dynamic potential is inherent in all law, for law is embodied in text, and always open to interpretation, as the external contexts that give legal text meaning in the real-world change through time. We trace the dynamic potential of Union health law by looking at its legal basis to its foundational Treaties, and we plot its trajectory going forward.

中文翻译：

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欧盟卫生法的动态潜力

对欧盟卫生法的一些理解是基于将法律推定为静态和封闭系统的。这种将欧盟作为法律实体的做法具有重要的影响。联盟是一个由法治创建并受制于法治的政治体系。它的成功（和失败）归因于解决外部性的合法化，并确保成员国团结一致从一体化中获益。通过主权选择的反复行为创建和维持联盟的成员国选择服从（联盟）法律规则。这可以保护成员国和欧盟机构（尽管如此，但不完美）免受非法指控。在认识到这种方法对欧盟一体化和立法的好处的同时，我们认为法律也具有重要的动态潜力。这种动态潜力是所有法律所固有的，因为法律体现在文本中，并且总是可以解释，因为在现实世界中赋予法律文本意义的外部环境会随着时间而变化。我们通过查看其基本条约的法律基础来追踪联盟卫生法的动态潜力，并绘制其前进的轨迹。