European University Institute, Florence, Italy.
Health Care Anal. 2011 Dec;19(4):365-87. doi: 10.1007/s10728-010-0158-4.
Departing from theories of distributive justice and their relation with the distribution of health care within society, especially egalitarianism and libertarianism, this paper aims at demonstrating that the approach taken by the European Court of Justice regarding the application of the Internal Market principles (or the market freedoms) to the field of health care services has introduced new values which are more concerned with a libertarian view of health care. Moreover, the paper also addresses the question of how these new values introduced by the Court may affect common principles of European health systems, such as equity and accessibility.
本文不囿于分配正义理论及其与社会医疗保健分配的关系,尤其是不囿于平均主义和自由意志论,旨在表明,欧洲法院在将内部市场原则(或市场自由)适用于医疗保健服务领域时所采取的方法,引入了更加关注医疗保健自由意志论的新价值观。此外,本文还探讨了法院引入的这些新价值观可能如何影响欧洲卫生系统的共同原则,如公平和可及性。