Lang Iris Goldner
Faculty of Law, University of Zagreb, Croatia.
Med Law. 2009 Dec;28(4):661-71.
Having access to high-quality healthcare is a priority issue for European citizens and is recognised by the Charter of Fundamental Rights of the EU. The right to healthcare also encompasses situations where patients travel from one EU Member State to another and receive treatment there. This paper will explore the contradictory relation between the competence of EU Member States to regulate their health systems on their own, on the one hand, and free movement of services in the European Union, on the other hand. It will discuss the consequences of the decisions of the European Court of Justice in this field and the provisions of the Proposal for a Directive on Patients' Rights in Cross-Border Healthcare, especially in the light of opening up of EU Member States' healthcare markets, the need to control national healthcare expenditures and to protect the welfare state and the population of the host state.
获得高质量的医疗保健是欧洲公民的首要问题，并且得到了欧盟《基本权利宪章》的认可。医疗保健权还包括患者从一个欧盟成员国前往另一个成员国并在那里接受治疗的情况。本文将探讨一方面欧盟成员国自行监管其卫生系统的权限，与另一方面欧盟服务自由流动之间的矛盾关系。它将讨论欧洲法院在这一领域的裁决的后果以及《跨境医疗保健患者权利指令提案》的规定，特别是鉴于欧盟成员国医疗保健市场的开放、控制国家医疗保健支出的必要性以及保护福利国家和东道国人口的需要。
