Preserving General Interest in Healthcare Through Secondary and Soft EU Law: The Case of the Patients’ Rights Directive

摘要: This chapter analyses the extent to which Directive on application of Patients’ Rights in Cross-border Healthcare succeeds addressing imbalance between general interest objectives healthcare systems and EU internal market objectives. It assesses Directive’s potential impact health systems’ financial sustainability, as well its possible effects accessibility quality services. The aims clarify rights entitlements patients reimbursement for they receive another country thus provides legal clarity interpretation CJEU rulings regarding patient mobility. However, it does not address deregulatory that could result from free movement principles providers wishing temporarily or permanently provide services Member State. In addition, whereas grounds justify public measures hinder movement, light interest, will likely continue evolve within jurisprudence, are presented an exhaustive list reasons. Furthermore, fails some major concerns have driven policy debate since initial rulings. particular obligation reimburse care integrated statutory system State treatment. While aim create new social rights, can be seen a significant access care. Specifically getting cross-border more choice providers. also affect domestically through policies long waiting times non-contracted Finally, while States seemed unwilling establish common level guarantees high-quality care, refused automatically rely upon standards established by