Recent developments in the field of cross border access to healthcare within the European Union

Abstract

This thesis will attempt to analyse recent developments that have taken place in the field of cross-border access to healthcare within the European Union. Chapter 1 will provide an introduction to the subject. It will give an outline of how the right of the European citizen to access healthcare services in other European Union Member States has evolved from 1958 until the end of 2004. This Chapter will analyse the relevant Treaty articles, secondary legislation and rulings of the European Court of Justice. It will be noted that during this period the European Commission realised that there was a lack of legal certainty in this area, so this will also highlight the Commission's early proposals to try and improve the situation. Chapter 2 dissects the shortcomings that exist in the relevant Treaty articles and secondary legislation. This Chapter clearly shows that European citizens were very uncertain about what rights they had if they needed or wanted to access healthcare in a Member State which is not their Member State of residence. There was a general lack of legal certainty. The Commission considers that what is needed most is a coherent health policy. The Chapter traces all the actions taken by the Commission to create this health policy. In Chapter 3 I have referred to the salient rulings of the European Court of Justice from 2004 to 2008. I have tried to point out how these rulings eventually led to the establishment of clearer healthcare rights for European citizens. Lastly, my conclusion puts forward recommendations for much needed legal reform in the field of access to healthcare across the European Union.