Rights statement: Copyright 2016 Brill.
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Research output: Contribution to Journal/Magazine › Journal article › peer-review
Research output: Contribution to Journal/Magazine › Journal article › peer-review
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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 -