Home > Research > Publications & Outputs > Cross-border movement of patients in the EU

Electronic data

  • Cross_Border_Movement_Economic_Rieder_OA

    Rights statement: Copyright 2016 Brill.

    Accepted author manuscript, 189 KB, PDF document

    Available under license: CC BY-NC: Creative Commons Attribution-NonCommercial 4.0 International License

Links

Text available via DOI:

View graph of relations

Cross-border movement of patients in the EU: a Re-Appraisal

Research output: Contribution to journalJournal article

Published

Standard

Cross-border movement of patients in the EU : a Re-Appraisal. / Rieder, Clemens.

In: European Journal of Health Law, Vol. 24, No. 4, 2017, p. 390-413.

Research output: Contribution to journalJournal article

Harvard

APA

Vancouver

Author

Rieder, Clemens. / Cross-border movement of patients in the EU : a Re-Appraisal. In: European Journal of Health Law. 2017 ; Vol. 24, No. 4. pp. 390-413.

Bibtex

@article{d0548c09e24e422da318ea2fcd3831ae,
title = "Cross-border movement of patients in the EU: a Re-Appraisal",
abstract = "The national welfare state, so it seems, has come under attack by European integration. This article focuses on one facet of the welfare state, that is, healthcare and on one specific dimension, that is, cross-border movement of patients. The institution which has played a pivotal role in the development of the framework regulating the migration of patients is the European Court of Justice (ECJ). The Court’s activity in this sensitive area has not remained without critics. This was even more so since the Court invoked Treaty (primary) law which not only has made it difficult to overturn case law but also has left the legislator with very little room for manoeuvre in relation to any future (secondary) EU law. What is therefore of special interest in terms of legitimacy is the legal reasoning by which the Court has made its contribution to the development of this framework. This article is a re-appraisal of the legal development in this field.",
author = "Clemens Rieder",
note = "Copyright 2016 Brill.",
year = "2017",
doi = "10.1163/15718093-12341419",
language = "English",
volume = "24",
pages = "390--413",
journal = "European Journal of Health Law",
issn = "0929-0273",
publisher = "Martinus Nijhoff Publishers",
number = "4",

}

RIS

TY - JOUR

T1 - Cross-border movement of patients in the EU

T2 - a Re-Appraisal

AU - Rieder, Clemens

N1 - Copyright 2016 Brill.

PY - 2017

Y1 - 2017

N2 - The national welfare state, so it seems, has come under attack by European integration. This article focuses on one facet of the welfare state, that is, healthcare and on one specific dimension, that is, cross-border movement of patients. The institution which has played a pivotal role in the development of the framework regulating the migration of patients is the European Court of Justice (ECJ). The Court’s activity in this sensitive area has not remained without critics. This was even more so since the Court invoked Treaty (primary) law which not only has made it difficult to overturn case law but also has left the legislator with very little room for manoeuvre in relation to any future (secondary) EU law. What is therefore of special interest in terms of legitimacy is the legal reasoning by which the Court has made its contribution to the development of this framework. This article is a re-appraisal of the legal development in this field.

AB - The national welfare state, so it seems, has come under attack by European integration. This article focuses on one facet of the welfare state, that is, healthcare and on one specific dimension, that is, cross-border movement of patients. The institution which has played a pivotal role in the development of the framework regulating the migration of patients is the European Court of Justice (ECJ). The Court’s activity in this sensitive area has not remained without critics. This was even more so since the Court invoked Treaty (primary) law which not only has made it difficult to overturn case law but also has left the legislator with very little room for manoeuvre in relation to any future (secondary) EU law. What is therefore of special interest in terms of legitimacy is the legal reasoning by which the Court has made its contribution to the development of this framework. This article is a re-appraisal of the legal development in this field.

U2 - 10.1163/15718093-12341419

DO - 10.1163/15718093-12341419

M3 - Journal article

VL - 24

SP - 390

EP - 413

JO - European Journal of Health Law

JF - European Journal of Health Law

SN - 0929-0273

IS - 4

ER -