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Free Movement of Healthcare services in the European Union
Břízová Ratajová, Daniela ; Tomášek, Michal (advisor) ; Sovová, Olga (referee)
1 FREE MOVEMENT OF HEALTHCARE SERVICES IN THE EUROPEAN UNION RESUMÉ: Cross-border healthcare services, more specifically, patient mobility meaning provision of health care to a patient in a Member State other than that in which such a patient participates in the healthcare security system, can be both unplanned and planned. Patient mobility has become a striking phenomenon having impact on national healthcare systems. While Article 168 (7) TFEU guarantees exclusive competence of Member States in the area of organization and financing of national healthcare systems, they must also exercise their power within the limits of EU legislation, including the rules on freedom to provide services. Thus, despite very limited competence of the EU in the area of healthcare, national systems have not remained free from the influence of EU law. The Court of Justice of the EU played a crucial role in shaping the legal nature of healthcare services in the light of EU law, as it has developed a parallel system of cross-border healthcare rules based on the principle of freedom to provide services directly on the basis of Article 56 TFEU (formerly Article 49 TEC). Such parallel case law rules were governing cross-border healthcare services next to Regulation 883/04 (formerly Regulation 1408/71). In 2011, the main conclusions...
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