Professor Tamara Hervey
School of Law
Jean Monnet Professor of European Union Law

+44 114 222 6723
Full contact details
School of Law
Bartolomé House
Winter Street
Sheffield
S3 7ND
- Profile
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I studied at Glasgow and Sheffield, and held academic posts at Durham, Manchester and Nottingham Law Schools, before joining Sheffield in 2007. I enjoy integrating research with teaching and learning, and one of the things I particularly like about being a Professor is working with students on research projects (both mine and theirs).
- Qualifications
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- MFPH
- PFHEA
- FAcSS
- PhD, University of Sheffield
- LLB (Hons), University of Glasgow
- Research interests
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I am currently working in three broad areas:
- Transnational, global and comparative health law;
- Equality and Diversity; and
- Legal Education
I am Principal Investigator of Health Governance after Brexit, an ERSC-funded project that investigates the effects of Brexit on health and the NHS and compares the views of legal and policy experts with those of 'ordinary people' in towns in Northern Ireland and the north of England. We want to know what post-Brexit NHS people will regard as legitimate, and who should be held accountable for delivering that.
I am collaborating with UK, EU and North American - based scholars, policy-makers, practitioners, across disciplines. I am one of the Co-investigators on the Jean Monnet network on EU health law and policy in comparative contexts, with Katherine Fierlbeck (Dalhousie). I am working on patient and professional autonomy, human rights, and trans-national law on cross-border trade, with Laura Robinson (student intern), Anniek de Ruijter (Amsterdam), Mary Ziegler (Florida State) and Rebecca Gomperts (‘Women on Web’). David Orentlicher (Las Vegas) and I are working on a major project on comparative health law, to be published by OUP.
Following the 23 June 2016 referendum, I am contributing to understanding the UK’s future legal relationships with the EU, in particular its implications for health law and policy, both within the UK and within the remainder of the EU. I served as Specialist Advisor to the House of Lords Inquiry on Crossborder Care after Brexit, and I am retained as a Specialis Adviser to the House of Commons Health and Social Care Committee. My take on EU health law’s history and legacy appears in Stanton, et al, eds, Pioneering Healthcare Law: Essays in Honour of Margaret Brazier (Routledge, 2016).
I’m interested in several dimensions of equality and diversity. I worked with Bryan Coleman (Director Sheffield Disability Support), Harriet Cameron, (specialist in specific learning difficulties), Sabrina Rahman (student intern) on the Equality Act’s ‘reasonable adjustments’ duties of HE institutions. I ran a multi-faceted project on Equality and Diversity in Legal Education, including collaboration with the Legal Education Research Network (LERN). This project involved co-producing both learning & teaching materials and research with several postgraduate and undergraduate students,.
I have published on internationalisation and legal education; and on clinical legal education. I ran a project on the effects of Brexit on legal education, including two workshops, and a special issue of the Journal The Law Teacher.
- Publications
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Books
- Health Systems Governance in Europe. Cambridge University Press.
Edited books
- The Oxford Handbook of Comparative Health Law. Oxford University Press.
- View this article in WRRO
Journal articles
- How will Brexit affect the healthcare workforce?. BMJ, 371(8269).
- Health “Brexternalities” : the Brexit effect on health and health care outside the United Kingdom. Journal of Health Politics, Policy and Law.
- The dynamic potential of European Union health law. European Journal of Risk Regulation.
- The Fairness Project: the role of legal educators as catalysts for change. Engaging in difficult dialogues on the impact of diversity barriers to entry and progression in the legal profession. The Law Teacher.
- Risks to health and the NHS in the post-Brexit era. BMJ, 369. View this article in WRRO
- View this article in WRRO
- More competences than you knew? The web of health competences for Union action in response to the COVID-19 outbreak. European Journal of Risk Regulation. View this article in WRRO
- Health law and policy, devolution and Brexit. Regional Studies. View this article in WRRO
- ADEA‐ADEE Shaping the Future of Dental Education III: From interprofessional education to transprofessional learning: Reflections from dentistry, applied linguistics, and law. Journal of Dental Education, 84(1), 105-110. View this article in WRRO
- Mary Guy, competition policy in healthcare: Frontiers in insurance-based and taxation-funded systems. Edinburgh Law Review, 24(1), 154-156. View this article in WRRO
- Assessing the health effects of a “no deal” Brexit. British Medical Journal (BMJ), 2019(366). View this article in WRRO
- Brexit and the law school : from vacillating between despair and hope to building responsibility and community. The Law Teacher, 53(2), 221-229. View this article in WRRO
- Equality Law Obligations in Higher Education: reasonable adjustments under the Equality Act 2010 in assessment of students with unseen disabilities. Legal Studies. View this article in WRRO
- Equality law obligations in higher education: reasonable adjustments under the Equality Act 2010 in assessment of students with unseen disabilities. Legal Studies. View this article in WRRO
- How will Brexit affect health services in the UK? An updated evaluation. The Lancet, 393(10174), 949-958. View this article in WRRO
- Abortion by telemedicine in the European Union.. International Journal of Gynecology and Obstetrics. View this article in WRRO
- Reciprocal healthcare arrangements after Brexit. BMJ, 363(8176). View this article in WRRO
- The immediate futures of health law after Brexit: Law, ‘a-legality’ and uncertainty. Medical law international, 18(2-3), 65-109. View this article in WRRO
- Health, transatlantic trade, and President Trump's populism : what American Patients First has to do with Brexit and the NHS. The Lancet, 392(10145), 447-450. View this article in WRRO
- View this article in WRRO
- View this article in WRRO
- Threats to internationalised legal education in the twenty-first century UK. The Law Teacher. View this article in WRRO
- View this article in WRRO
- Amending the EU Withdrawal Bill: a safeguard for health. The Lancet, 391(10121), 638-639. View this article in WRRO
- How will Brexit affect health and health services in the UK? Evaluating three possible scenarios. The Lancet, 390(10107), 2110-2118. View this article in WRRO
- A place in the sun? Healthcare rights of retired UK citizens in Spain post-Brexit. Health Economics, Policy and Law, 12(3), 297-307. View this article in WRRO
- View this article in WRRO
- Telling stories about European Union Health Law: The emergence of a new field of law. Comparative European Politics, 15(3), 352-369. View this article in WRRO
- View this article in WRRO
- Brexit and health services. Clinical medicine, 16(2), 101-102. View this article in WRRO
- ‘All About That Bass’? Is non-ideal-weight discrimination unlawful in the UK?. Modern Law Review, 79(2), 248-282. View this article in WRRO
- Reflecting on ‘Supporting health systems in Europe: added value of EU actions?’. Health Economics Policy and Law, 485-489. View this article in WRRO
- Law and the Regulation of Medicines. Medical Law Review, 22(1), 151-153.
- Regulatory 'desirables' for new health technologies. Medical Law Review, 21(1), 1-38.
- Health law and policy in the European Union. The Lancet, 381(9872), 1135-1144.
- Coming into line: The EU's Court softens on cross-border health care. Health Economics, Policy and Law, 8(1), 1-5.
- The role of the European court of justice in the Europeanization of communicable disease control: driver or irrelevance?. J Health Polit Policy Law, 37(6), 977-1000.
- Mapping the role of official bioethics advice in the governance of biotechnologies in the EU: The European Group on Ethics' Opinion on commercial cord blood banking. SCIENCE AND PUBLIC POLICY, 39(1), 105-117.
- Long-term care for older people and EU Law: The position in England and Scotland. Journal of Social Welfare and Family Law, 34(1), 105-124.
- COMPETITION-BASED REFORM OF THE NATIONAL HEALTH SERVICE IN ENGLAND: A ONE-WAY STREET?. INTERNATIONAL JOURNAL OF HEALTH SERVICES, 42(2), 213-217.
- Incentivising innovation or supporting other interests? European regulation of orphan medicinal products.. Med Law Rev, 19(1), 123-131.
- View this article in WRRO
- Book Review: Integrating Welfare Functions into EU Law – From Rome to Lisbon. European Journal of Social Security, 12(2), 167-168.
- Reducing harm from alcohol. BRIT MED J, 338.
- Case C-303/06 coleman v. attridge law and steve law judgment of the ECJ 17 july 2008; judgment of the employment tribunal, London, 30 september 2008. Journal of Social Welfare and Family Law, 31(3), 309-319.
- The Advocate General and EC Law. MOD LAW REV, 71(5), 844-850.
- The European Union's governance of health care and the welfare modernization agenda. REGUL GOV, 2(1), 103-120.
- EU law and national health policies: Problem or opportunity?. Health Economics, Policy and Law, 2(1), 1-6.
- The European Union and the Governance of Stem Cell Research. Maastricht Journal of European and Comparative Law, 12(1), 11-48.
- Law, health and the European Union. Legal Studies, 25(2), 228-259.
- Regulation of genetically modified products in a multi-level system of governance: Science or citizens?. Review of European Community and International Environmental Law, 10(3), 321-333.
- Yves Jorens and Bernt Schulte, eds., European Social Security Law and Third Country Nationals. European Journal of Migration and Law, 1(1), 163-165.
- Limiting Part-Timers' Rights:Biggs v Somerset County Council [1996] IRLR 203Limiting Part-Timers' Rights: Biggs v Somerset County Council [1996] IRLR 203. International Journal of Discrimination and the Law, 3(1), 68-77.
- Sex Equality in Social Protection: New Institutionalist Perspectives on Allocation of Competence. European Law Journal, 4(2), 196-219.
- Softening the approach to quotas: Positive action after Marschall. Journal of Social Welfare and Family Law, 20(3), 333-352.
- Buy baby: the European Union and regulation of human reproduction.. Oxf J Leg Stud, 18(2), 207-233.
- Francovich Liability Simplified. Industrial Law Journal, 26(1), 74-79.
- European section. Journal of Social Welfare and Family Law, 18(1), 107-118.
- Small business exclusion in German dismissal law; annotation of Case C-189/91 Kirshammer-Hack v Sidal. Industrial Law Journal, 23(3), 267-272.
- Structural Discrimination Unrecognised: Jones V University of Manchester. The Modern Law Review, 57(2), 307-314.
- European section. Journal of Social Welfare and Family Law, 16(2), 254-261.
- Brexit and the European Medicines Agency—What Next for the Agency and UK Drug Regulators?. JAMA Health Forum, 1(2), e200135-e200135.
- Assessing the potential impact on health of the UK's future relationship agreement with the EU : analysis of the negotiating positions.. Health Economics, Policy and Law. View this article in WRRO
- Promoting Law Student and Lawyer Well-Being in Australia and Beyond, edited by Rachael Field, James Duffy and Colin James. Law Teacher. View this article in WRRO
- View this article in WRRO
Chapters
- Non-ideal Weight Discrimination in EU Law, European Union and its Neighbours in a Globalized World (pp. 337-347). Springer International Publishing
- View this article in WRRO
- View this article in WRRO
- Cooperation Between Health Care Authorities in the Proposed Directive on Patients' Rights in Cross-Border Healthcare In VanDeGronden JW, Szyszczak E, Neergaard U & Krajewski M (Ed.) (pp. 161-189).
- Pioneering Healthcare Law Routledge
- Health systems governance in Europe: the role of European Union law and policy, Health Systems Governance in Europe (pp. 1-83). Cambridge University Press
Book reviews
- The Legal Academic’s Handbook, edited by Chris Ashford and Jessica Guth. London: Palgrave Macmillan, 2016, xv + 236 + (glossary and index) 12pp (£32.99 paperback). ISBN: 9781137434289. Legal Studies, 37(2), 363-367.
Working papers
Other
- Markets and vulnerable patients: health law after the 2012 act.. Med Law Rev, 22(2), 157-161. View this article in WRRO
- Research group
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Areas of research supervision
- European Union Law
- Health Law and policy in trans-national contexts
- Discrimination Law and social rights
- Grants
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Title/Description Awarding Body People Involved Dates Amounts Health Law Outside the EU: Immediate, Intermediate and Long term Impacts ESRC Jean McHale (PI, Birmingham); Mark Flear (Co-I, QUB); Tamara Hervey (Co-I, Sheffield) 1 May 2017 - 1 November 2018 £209,989.25 Brexit and the (Northern) Law School Society of Legal Scholars Michael Dougan (York); Tamara Hervey (Sheffield); Charlotte O’Brien (York) June 2017 £750.00 Health and Governance after Brexit ESRC Tamara Hervey Mark Flear (QUB) Matthew Wood (Politics) Ivanka Antova (QUB) 2019-2021 £556,603.00 EU Health Law and Policy Jean Monnet Network grant European Commission Principal Investigator: Katherine Fierlbeck, Dalhousie, Canada, Tamara Hervey (Sheffield) 2017-2020 (€300,000 (c£255 000); c€62,500 (c£55 250) attributed to Sheffield)
- Teaching interests
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I have taught in the areas in which I research for over 25 years. In modules and programmes that I have developed, students learn from the latest research, some of which is my own. For instance Advanced EU Law includes work I have published on the EU's future relationship with the UK.
An example of my teaching-led research came from supervising PhD and MA/LLM students. Noting that law students are often uncertain about the theory and methods that inform their research projects, I developed and delivered with colleagues a workshop for students to build their confidence in preparing their dissertations, and a module on Legal Research Methods for PhD students. From these, a successful AHRC application led to two regional workshops and a book Research Methodologies in EU and International Law (Hart, 2011).
I also integrate research with the undergraduate curriculum. I regularly work with one or more (paid) student interns on my research. Recent student work has supported charities such as Cancer Research UK, as well as creating a blog on comparative health law and database of health law researchers across two continents. Collaborative student work for Kidney Care UK was chosen to be showcased at the Houses of Parliament. Collaborative student work on clinical legal education was published in the inaugural issue of the European Journal of Legal Education. I have inspired student inquiry (leading to sole or co-authored publications) through successful applications for undergraduate summer internships since 2004, for example, Laura Robinson's prize-winning project on women’s rights.
- Teaching activities
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I teach a range of modules reflecting my expertise in legal systems and method, European Union law, comparative law, and legal research methods.
- Professional activities
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- Honorary Member of the Faculty of Public Health 2019-
- Principal Fellow HEA 2016-
- Fellow, Academy of Social Sciences 2012-
- University of Sheffield Senate Award for sustained excellence in learning and teaching 2011
- Member of Advisory Editorial Board of Health Economics, Policy and Law 2005-Associate Editor 2016-
Recent Invited Papers and Keynote Lectures
- ‘Health “Brexternalities”: The Brexit effect on health and healthcare outside the EU’, for Faculty of Law, University of Amsterdam, 18 February 2020
- ‘Patients’ rights post-Brexit’ staff seminar for Cambridge Centre for European Legal Studies, University of Cambridge, 30 October 2019
- ‘Biobanking, data protection and Brexit’ for The Health of the Future: Perspectives and New Challenges of Health Law Bologna, Italy, 18-19 October 2019
- ‘Lessons from Brexit: internal reflections’ for Society of Legal Scholars Annual Conference University of Central Lancashire, 4 September 2019
- ‘Brexit and health law: disruption and disparities’ for Healthcare disparities, disruptive healthcare technologies and the patient in Europe, University of Manchester, 12-15 June 2019 https://www.law.manchester.ac.uk/connect/events/healthcare-disparities/
- ‘Health “Brexternalities”: The Brexit effect on health and healthcare outside the EU’, for Jean Monnet network workshop, Copenhagen, Denmark, 10 June 2019
- ‘Health “Brexternalities”: The Brexit effect on health and healthcare outside the EU’, for inaugural Northern/Ireland Health Law and Ethics Network, Royal College of Surgeons, Dublin 30 May 2019
- ‘Inter-professional education: learning from other disciplines’, with Steve Walsh (University of Newcastle School of Education) and James Field (University of Sheffield Dental School), for Shaping the Future of Dental Education conference hosted by Association for Dental Education in Europe and American Dental Education Association, Brescia, Italy, 25-27 April 2019
- Roundtable panellist on ‘Brexit, Law and Society’ for Socio-Legal Studies Association Annual Conference Leeds 3-5 April 2019
- ‘EU law protections for non-ideal weight discrimination?’ for The European Union as Protector and Promoter of Equality, Saarland University, Germany 28-30 March 2019
- ‘Brexit and Health Law’, Centre for Health Law, Policy and Ethics, University of Ottawa, 7 March 2019