Principle Of Free Movement Research Articles

THE EUROPEANIZATION OF HEALTH CARE GOVERNANCE: IMPLEMENTING THE MARKET IMPERATIVES OF EUROPE

The paper examines the Europeanization process and the impact of the European Union (EU) on national healthcare policies, using the example of Denmark. The analysis reveals that although health policy formally falls within the competence of member states, the impact of the EU is becoming increasingly conspicuous and has contributed to a gradual restructuring of healthcare boundaries as well as of some of its organizing principles. Furthermore, the process and impact have a de‐structuring effect on the more traditional governance tools used in relation to healthcare. The paper concludes that the EU has a significant impact and that we may be witnessing the formation of a new institutional legacy that represents the initiation of a Europeanized healthcare model: a model emerging around a new set of stakeholders, principles and structures, which includes the market, principles of free movement, patient choice and patient rights institutionalized and safeguarded by the EU.

Freedom of Speech and Assembly Versus Trade and Transit Rights: Roadblocks to EU and MERCOSUR Integration

Freedom to assemble is an important right in democratic societies. As with many other freedoms, it must be balanced against other rights, including the free movement of goods and services, and public order interests. The Court of Justice of the European Communities and a MERCOSUR Ad Hoc Arbitral Tribunal have both considered the conflict between the freedom of assembly and the principles of free movement of goods and services in the context of “roadblock disputes”. This article compares the decisions of both bodies and proposes a framework that courts or arbitral tribunals may wish to consider when treating future “roadblock disputes” affecting trade of goods and/or services under regional integration schemes.

Recommendations on sub-speciality accreditation in cardiology: The Coordination Task Force on Sub-speciality Accreditation of the European Board for the Speciality of Cardiology

The purpose of the European Board for the Speciality of Cardiology (EBSC) Coordination Task Force on Sub-speciality Accreditation in Cardiology is to make recommendations on Sub-speciality Accreditation within Cardiology. EBSC aims to harmonize the process of accreditation of sub-specialities and thereby to provide uniformity of accreditation standards throughout cardiology. Certification in cardiology, for instance, the EBSC Diploma of European Cardiologist, is essential before an individual applies for sub-speciality accreditation. European accreditation standards within sub-specialities should be clearly defined, thereby assuring patients and other doctors the competence and skills of the accredited sub-specialists. This is increasingly important in times of developing mobility of doctors and patients in Europe in agreement with the basic EU principles of free movement. The process of sub-speciality accreditation of physicians in Europe has already been initiated by a number of sub-specialities. Those initiatives are based on similar principles and include theoretical (knowledge assessment) and practical (log books) assessments of the training and expertise in the field. These initiatives so far have not followed any specific configuration, mainly because no recommendations have yet been established by authorized scientific or regulatory bodies. It is the aim of this document to provide such a guideline. It is important that European accreditation of General Cardiology and sub-specialities is compatible with existing national accreditation systems. European accreditation aims to develop, enhance, and harmonize national assessment and assurance of competence. It is therefore foreseen that, in future, national accreditation systems will develop into a European accreditation system, as defined by the EBSC. Standardization of the process will foster future compatibility of accreditation systems within cardiology at European and national level. This document should be used as a template for future national/international accreditations. ### The European Board for the Speciality of Cardiology The European Board for the Speciality of Cardiology (EBSC) was set up in 1992 by the Union Europeennes des Medecins …

Safe addition of vitamins and minerals to foods: setting maximum levels for fortification in the Netherlands

BackgroundIn 2004, the European Court of Justice decided that the prohibition of fortification with vitamin A, vitamin D, folic acid, selenium, copper, and zinc in the Netherlands conflicts with the principle of free movement of goods in the European Union. This decision led to a change in the Dutch policy, resulting in a more flexible handling of requests for exemption from this prohibition to fortify. Therefore, an investigation was proposed in which it would be determined whether a general exemption could be granted for food fortification with a certain maximum safe amount per micronutrient.Aim of the studyTo develop a risk assessment model to estimate maximum safe fortification levels (MSFLs) of vitamins and minerals to foods on the Dutch market, and to evaluate these levels to derive allowed fortification levels (AFLs), which can be used for a general exemption.MethodsWe developed a risk assessment model to estimate MSFLs of vitamins and minerals to foods on the basis of existing models. We used European tolerable upper intake levels in combination with national food consumption data to estimate MSFLs for fortification of foods for several age groups. Upon extensive stakeholder dialogue, the risk manager considered these estimated MSFLs and the final AFLs for a general exemption were set.ResultsFor folic acid, vitamin A, and vitamin D, the MSFLs were calculated in the risk-assessment model. Children up to 6-years old were the group most sensitive to folic acid fortification, and they had an MSFL of 0 µg/100 kcal, but following a risk management evaluation, this was upgraded to an AFL of 100 µg/100 kcal. The MSFL for vitamin D was 3.0 µg/100 kcal (children 4–10 years old), and the risk manager increased this to an AFL of 4.5 µg/100 kcal. Children up to 10 years old, men, and postmenopausal women were the groups most sensitive to vitamin A fortification (MSFL = 0 µg/100 kcal). Because these groups represent a large part of the population and because of the seriously harmful effects of excessive vitamin A, the risk manager did not allow a general exemption.ConclusionsThe combination of a risk assessment model and risk manager evaluation led to the setting of AFLs for general exemption of fortification with folic acid and vitamin D. This model is also applicable for other micronutrients, for which an UL is derived, and in other countries.

Transnational migration of health professionals in the European Union

The establishment of the European Common Market has involved the free movement not only of capital and goods, but also of persons and services. The principles of free movement also apply to the health care sector, i.e. they allow for the free incorporation of health care providers and the cross-border delivery of services. Since the 1970s, the European Union (EU) has passed numerous regulations to enforce the mutual recognition of qualifications of physicians, nurses, and other health professionals by the Member States, considered an indispensable precondition for the free movement of services. Thus far, the establishment of a European job market for the health care professions has not led to extensive migration among the EU Member States. Likewise, the accession of Central and Eastern European countries to the EU in 2004 did not cause a "brain drain" to the better-off countries of Western and Northern Europe. However, the mobility among health care professions is expected to increase in the coming years.

Le principe de non-discrimination à l’égard des frontaliers en matière de sécurité sociale

As a form of migrant worker, the worker who crosses a frontier on his regular commute is subject to the general provisions and principles governing free movement of workers. He cannot be subjected to discrimination under normal working conditions and he must be able to benefit from the principles of coordination provided for by Regulation 1408/71. The specificity of his situation characterised by a difference between his place of residence and place of work were taken into account to a certain extent by Regulation 1408/71 and then extended by new Regulation 883/2004. The social and tax status particular to frontier workers has also been emphasised by the European Court of Justice in its caselaw. The adaptation of the principles of free movement and the specific rules of coordination in the fields of social security applicable to frontier workers can either have advantageous or harmful consequences when one compares its situation on the one hand with migrants or on the other hand with sedentary workers. In his article, the author puts forward an analysis of this particular statute and raises the question of whether it is still justified to continue to confer a particular place to the frontier worker.

Article 81 is a defence to a plea of trade mark infringement

The Court of Appeal in Sportswear considered the interaction between the EU principle of free movement of goods and respect for trade marks rights. In overturning the decision of Mr Justice Warren to strike out an Article 81 defence to trade mark infringement, the court found that there was a sufficient nexus between the Article 81 defence and the trade mark infringement claim.

Contours of a European Social Union in the Case-Law of the European Court of Justice

Tensions between national welfare systems and the social rights of the citizens of the Union — Fundamental principle of free movement and the degree of financial solidarity with nationals from other Member States — Introduction of internal market principles in health care — The balancing role of the Court of Justice of the European Communities.

What Does Free Movement Mean in Theory and Practice in an Enlarged EU?

Abstract The purpose of this article is to review the main challenges to the principle of free movement of persons in theory and practice in an enlarged European Union. The right to move freely represents one of the fundamental freedoms of the internal market as well as an essential political element of the package of rights linked to the very status of EU citizenship. The scope ratione personae and the current state of the principle of free movement of persons is assessed by looking at the most recent case law of the Court of Justice and the recently adopted Directive on the rights of citizens of the Union and their family members to move and reside freely within the territory of the Member States. But what are the hidden and visible obstacles to free movement of persons in Europe? How can these barriers be overcome to make free movement and residence rights more inclusive? This article addresses these issues along with the following questions: Who are the beneficiaries of the free movement of persons in an enlarged Europe? What is the impact of the recent legal developments in the freedom of movement dimension, such as the European Court of Justice case law and the new Directive? And to what extent are pro-security policies such as the Schengen Information System II and an enhanced interoperability between European databases fully compatible with the freedom of movement paradigm?

Access to Health Care in the Netherlands: The Influence of (European) Treaty Law

In the Netherlands, access to healthcare has been guaranteed by social health insurance legislation. But since the introduction of the Health Insurance Act (“Zikenfondswet”) in the 1960s, the health insurance system has been in a state of flux. Numerous reforms have changed the system gradually, of which the latest is the introduction of a competitive health insurance scheme for the entire population.Cutting across the various reforms has, however, been the goal of access to healthcare services as defined by international treaty law, including European Union law. In particular the leverage of Community law in strengthening the patient’s right to healthcare is remarkable. Since the European Court of Justice (ECJ) has accepted that healthcare should be considered as a service in terms of the EC Treaty, rights to healthcare have become inextricably linked with the free movement principles and are no longer restricted to the jurisdiction of the country of origin.

Maintaining Security within Borders: Toward a Permanent State of Emergency in the EU?

Freedom, wherever it existed as tangible reality, has always been spatially limited. This is especially clear for greatest and most elementary of all negative liberties, freedom of movement; borders of national territory or walls of city-state comprehended and protected space in which man could move freely. Treaties of international guarantees provide an extension of this territorially bound freedom for citizens outside their own country, but even under these modern conditions elementary coincidence of freedom and limited space remains manifest. What is true for freedom of movement is to large extent valid for freedom in general. Freedom in positive sense is possible only among equals, and equality itself is by no means universally valid principle but, again, applicable only with limitations and even within spatial limits. Hannah Arendt, On Revolution, 1963 Contemporary challenges to traditional concepts of security, and especially to distinction between internal and external security, has stimulated justifications across Europe for significant increase in practices involving intrusive surveillance, policing, and restrictive measures toward people in general. (1) In some instances, this change may have resulted in erosion of civil liberties, human rights, and rule of law. Therefore, practices implementing Schengen borders regime merit attention. The Schengen agreement of 1985 and Schengen Convention of 1990 that implemented it (2) were intended to establish, through an intergovernmental approach, (3) application of the principle of free movement of persons within European borders. (4) The Single European Act, which came into effect on July 1, 1987, by introducing article 14 into EC Treaties (formerly, article 8a), stipulated that European Community should adopt measures aimed at achieving a market without frontiers; that is, an internal market. Article 14.2 states: The internal market shall comprise an area without internal frontiers in which free movement of goods, persons, services and capital is ensured in accordance with provisions of Treaty. Thus, an internal market should consist of an area without qualitative or quantitative barriers in which free movement of persons, among other three freedoms of movement, should be ensured and fully respected under certain circumstances. (5) It is also important to recall that it was not until May 1, 1999, when Amsterdam Treaty came into effect, that Schengen became part of EU machinery (6) and section dealing with Schengen borders acquis (7) was incorporated within first pillar. A protocol annexed to Amsterdam Treaty finally integrated Schengen acquis into framework of European Union, including decisions and declarations adopted by executive committee established by 1990 convention. Looking at implementation by member states of some of measures adopted under Schengen regime, (8) however, different path has been taken from one carefully settled in EU Treaty (TEU) structure (9) as consequence of predominance of claims about need for security over claims about conditions of freedom. (10) In some instances, member states have unilaterally reintroduced border controls and checks on individuals, justified on grounds of special security concerns or state of emergency. Thus, not only has one of main goals of internal market, freedom of movement of persons, been undermined, but so, too, have other fundamental rights and freedoms provided at European as well as at international level. Additionally, categories of people affected by these restrictive policies cover not only those who qualify as third-country nationals or others, (11) but also EU citizens in general. …

Visa and free movement of labour: The uneven imposition of the EU acquis on the accession states

This article analyses the extension of the European Union's visa policy and the principle of free movement of labour to the Central and Eastern European (CEE) countries in the light of EU eastern enlargement policy. On the one hand, under the conditions of EU accession the CEE countries are required to adopt in full the EU's visa policy - even prior to accession, although some EU member states are granted a derogation. On the other hand, the EU has adopted a restrictive policy on free movement of labour from the CEE countries by introducing transitional periods after their accession, while at the same time encouraging labour mobility of EU citizens. The article demonstrates that with regard to these two aspects of free movement of people, the EU treats the CEE candidate states as members as far as the obligations of EU membership are concerned and as third countries as to its benefits.

THE FREE MOVEMENT OF GOODS IN THE EUROPEAN UNION AND THE LIMITATION OF RENEWABLE PROMOTION SCHEMES TO THE MEMBER STATES OWN TERRITORY

This paper sets out to examine whether the legal framework of the European Union allows the Member States to design and apply renewables support schemes limited to their own territory, with a direct exclusion of the renewables energy produced in other Member States. The Directive 2009/28/EC will be interpreted at the light of the principle of free movement of goods inserted in the articles 34 and 36 of the Treaty on the Functioning of the European Union.

L’enseignement rémunéré des activités physiques et sportives dans les États membres de l’Union européenne : l’Europe professionnelle en cours d’édification

Remunerated Teaching of Physical and Sporting Activities in the Member States of the European Union : the Process of Constructing a Europe of Professionals. Due to the Community principle of free movement, sports trainers may carry out their profession in another member state. However, it seems that the exercise of this freedom is thwarted by the diversity of national regulations. Of course, this situation is attenuated by the mutual recognition of professional qualifications which encompasses three aspects : a regime of presumption of qualification without compensation being possible in the case of a non-equivalence of diplomas ; an academic equivalence ; and the general system of recognition of professional qualifications. It is, however, necessary to harmonise qualification systems : sports organisations are, moreover, participating in such a movement.

Property rights in fishing: from state property towards private property?: A case study of three EU countries

Fishing limitations to protect fish stocks can develop to different types of property rights. A move towards full private rights is promoted by some authors. The article questions whether such a move is desirable and it also investigates whether private rights are indeed becoming more important in EU fisheries. A study on property rights in the Danish, Dutch and UK fishery (WP Davidse, ed., Property Rights in Fishing, LEI-DLO, The Hague, 1997, OV159) sector forms the background of this approach. Bromley’s definition of property rights (D W Bromley, Environment and Economy: Property Rights & Public Policy, Blackwell, Oxford, 1991), including ‘a right to a benefit stream’, has been used to identify rights in these three EU fishing sectors. These property rights regimes vary from a domination of state property, the Danish one, to a complete system of individual rights, the Dutch case. The UK position is between these extremes, showing characteristics of common property, apart from kinds of state- and individual property of fishing rights. The article ends with a consideration of the review of the Common Fisheries Policy (CFP) in 2002 from the viewpoint of property rights. Negotiations in the run up to 2002 will demonstrate conflicts between views on state property and on private property rights. This regards the tension between the principle of relative stability of quota allocations and the EU principle of free movement of capital, goods and services. Finally, two possibilities are suggested to combine both these principles.

In and Out of the Internal Market: Recent Developments on the Principle of Free Movement

In and Out of the Internal Market: Recent Developments on the Principle of Free Movement

Competence, discretion and third country nationals: The European Union's legal struggle with migration

With the Amsterdam Treaty the European Community has been granted a wide competence over the treatment of third country nationals seeking to come to or become resident in the European Union. This includes third country nationals who are seeking asylum in the territory of the Union. How this new competence will be exercised and what the results will be are still unclear, In this article 1 argue that there is a consistent approach in Community law towards migration which has developed from the principle of free movement of persons which has constituted an objective of the Community since the original Treaty in 1957. In the exercise of these powers the Community, as regards nationals of the member states, has devised clear rules which provide a maximum of choice to the individual at the expense of member state discretion. Can a consistent and coherent approach be applied towards third country nationals either within the territory of the Union or seeking to enter? This challenge which arises with the Amsterdam Treaty is considered here from an historical perspective.

Patient mobility within the European Union

The European integration process and the application of the principle of free movement to new areas of social economic life are raising new questions. One of these questions is the potential mobility of patients within the European Union (EU). Under a commission from the Directorate General V of the European Commission, the authors conducted a study of this topic in 1991. The normative framework used in this study is again used here to analyse in depth the types of cross-border care available under social protection. In this paper the main results of this study are summarized and, where possible, updated. In the first part of the paper the historical development of the European cross-border care regulatory system is charted. A second part deals with the macro-analysis of patient flows. In the final part of the paper, some conclusions are drawn as to the desirable development of the EU policy with respect to cross-border care (de)regulation.

III. Intellectual Property

The period since the last note on this subject has been eventful.1 There have been some important legislative measures, and a good deal of significant case law. However, contradictory messages are being conveyed. The volume of legislation marks the Community's recognition of the economic value of intellectual property rights in international trade. Its broad aim is, as always, to achieve a level playing-field for competition, and to integrate the market by removing restrictions on the free movement of goods. Yet the unwavering adherence to the principle of free movement is being challenged in several areas, precisely because of its effect on competition, notably in the pharmaceuticals market.

The beef crisis: free trade issues in European law

Aims to identify the extent to which the reactions of the European Commission and Member States may justifiably sit alongside the aims of the single market and the wider objectives of the EC. Examines the reactions of Member States and the EC in effecting a ban on the movement of British beef and allied products within the context of the principles of free movement of goods and powers in relation to the Common Agricultural Policy. Confirms that, while first impressions may suggest the response of the Commission and Member States goes to the foundations of the single market, the protection is not absolute. The beef crisis provides the opportunity to examine the freedoms which form the foundation of the single market and, in particular, to identify the sensible limitations of those freedoms in the light of wider Community objectives.