Patients' Free Movement Rights and Cross-Border Access to Healthcare

Abstract

As a result of the case-law of the Court of Justice, national systems of social security and health care can no longer neglect cross-border aspects as patients start behaving as consumers looking for the ‘best medical treatment’ at the ‘highest possible rate’ of reimbursement. A Member State cannot prevent its patients taking advantage of more advanced medical treatment or better organised care systems in another Member State unless it can justify such a limitation to patients' mobility rights on the basis of the need to maintain high-quality medical resources and a financially stable healthcare system. Authorisation for treatment abroad cannot be refused solely because there are waiting lists on the national territory. The Court's case law has prompted the Commission to include provisions on patient mobility in its proposed ‘Bolkestein’ Directive on services in the internal market. Whatever may be the fate of that Directive, a legislative codification of the principles outlined in the case law would certainly enhance transparency and legal certainty for all stakeholders.