The Current Legal Framework on the Right to Seek Health Care Abroad in the European Union

2007 ◽  
Vol 9 ◽  
pp. 261-286
Author(s):  
Tamara K Hervey
Keyword(s):  
Health Care ◽  
European Union ◽  
Legal Framework ◽  
Eu Law ◽  
Seek Health Care ◽  
Number Of Patients ◽  
The Uk ◽  
The Right ◽  
To Receive ◽  
The Eu

Cases involving patients such as Mrs Yvonne Watts, who travelled from the UK to France for a hip replacement to avoid a ‘waiting list’ in the UK, relying on rights in European Union (EU) law, attract high levels of media attention. While the vast majority of patients are either unwilling or unable to travel across borders to receive health care, it is clear that some patients are seeking health care abroad. Although data on patient mobility within the EU are significantly limited, nevertheless, a relatively steady, small but not insignificant number of patients are moving across borders within the EU to receive health care. This paper considers the current legal framework on the rights in EU law of those patients who seek health care in another Member State. As the right to seek private health care abroad is (largely) non-contentious, and has been a well-established feature of EU law since at least the mid 1980s, the focus of this paper is on publicly or quasi-publicly funded health care.

The Current Legal Framework on the Right to Seek Health Care Abroad in the European Union

2007 ◽  
Vol 9 ◽  
pp. 261-286 ◽  
Author(s):  
Tamara K Hervey
Keyword(s):  
Health Care ◽  
European Union ◽  
Legal Framework ◽  
Eu Law ◽  
Seek Health Care ◽  
Number Of Patients ◽  
The Uk ◽  
The Right ◽  
To Receive ◽  
The Eu

Cases involving patients such as Mrs Yvonne Watts, who travelled from the UK to France for a hip replacement to avoid a ‘waiting list’ in the UK, relying on rights in European Union (EU) law, attract high levels of media attention. While the vast majority of patients are either unwilling or unable to travel across borders to receive health care, it is clear that some patients are seeking health care abroad. Although data on patient mobility within the EU are significantly limited, nevertheless, a relatively steady, small but not insignificant number of patients are moving across borders within the EU to receive health care. This paper considers the current legal framework on the rights in EU law of those patients who seek health care in another Member State. As the right to seek private health care abroad is (largely) non-contentious, and has been a well-established feature of EU law since at least the mid 1980s, the focus of this paper is on publicly or quasi-publicly funded health care.

scholarly journals The right to withdraw the notification to leave the European Union under article 50 TEU: can we still save the marriage?

2019 ◽  
Vol 3 (2) ◽  
pp. 139-147
Author(s):  
Mariana Alvim
Keyword(s):  
European Union ◽  
Member State ◽  
Intention To Leave ◽  
Eu Law ◽  
The European Union ◽  
Central Question ◽  
Article 50 ◽  
The Uk ◽  
The Right ◽  
The Eu

Article 50 TEU has caused considerable interest following its introduction in EU law, but mostly since the UK voted in favour of leaving the Union, a vote that provoked its first ever activation. However, this Article raises a few unanswered questions, such as if a Member State that formally notifies to the European Council of its intention to leave the EU, can it subsequently change its mind about this decision during the two-year period established in the Treaty. In the first part of the article, I intend to put the notification to leave the European Union under Article 50 of the TEU in perspective, elucidating the steps that have to be taken, and to address the silent aspects of Article 50. In the second Part, I will assess if a Member State that triggers Article 50 TEU, can still withdraw the notification to leave, once Article 50 TEU is completely soundless in this respect, and in doing so answer the central question of this article: “Can we still save the marriage?”

The Law & Politics of Brexit: Volume II

2020 ◽  
Keyword(s):  
Decision Making ◽  
European Union ◽  
Legal Framework ◽  
Comprehensive Analysis ◽  
The European Union ◽  
Trade Relations ◽  
The United Kingdom ◽  
The Uk ◽  
Financial Settlement ◽  
The Eu

This book provides the first comprehensive analysis of the withdrawal agreement concluded between the United Kingdom and the European Union to create the legal framework for Brexit. Building on a prior volume, it overviews the process of Brexit negotiations that took place between the UK and the EU from 2017 to 2019. It also examines the key provisions of the Brexit deal, including the protection of citizens’ rights, the Irish border, and the financial settlement. Moreover, the book assesses the governance provisions on transition, decision-making and adjudication, and the prospects for future EU–UK trade relations. Finally, it reflects on the longer-term challenges that the implementation of the 2016 Brexit referendum poses for the UK territorial system, for British–Irish relations, as well as for the future of the EU beyond Brexit.

9. European Union law and institutions

2021 ◽  
pp. 124-141
Author(s):  
Colin Faragher
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
Eu Law ◽  
The European Union ◽  
European Union Law ◽  
Cooperation Agreement ◽  
The Status ◽  
Fundamental Rights And Freedoms ◽  
The Uk ◽  
The Eu

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the Treaty framework and sources of EU law as well as the institutions of the EU. It covers the legal background to the UK’s departure from the EU, the legal process through which the UK left the EU, the key provisions of the EU–UK Trade and Cooperation Agreement (2020), and the European Union (Future Relationship) Act 2020. This chapter also discusses the effect of the UK’s departure from the EU on the status of the sources of EU law and the effect of leaving the EU on the Charter of Fundamental Rights and Freedoms as well as failure to transpose a Directive into national law and the effect of leaving the EU on the Francovich principle.

Article 50 TEU: The Quest for an Orderly Withdrawal and the Possibility of Alternative Denouements

2021 ◽  
pp. 21-47
Author(s):  
Michael Dougan
Keyword(s):  
European Union ◽  
Member State ◽  
Eu Law ◽  
Legal Systems ◽  
Article 50 ◽  
The Uk ◽  
The Eu

This chapter sets out the basic constitutional framework, under EU law, governing the withdrawal of a Member State. Article 50 of the Treaty on European Union recognizes the sovereign right of any State to leave the EU and sets out a process for agreeing the terms of an orderly departure. But Brexit also required the EU and the UK to undertake extensive internal preparations, to ensure their own legal systems were ready for the UK’s departure. Moreover, Article 50 itself is drafted in only brief and sketchy terms, leaving many important decisions about Brexit to be worked out in practice. And EU law allows for other final outcomes to the withdrawal process—including a ‘no deal Brexit’; or the UK’s right to ‘revoke and remain’ under the Wightman ruling.

3. The relationship between European Union and United Kingdom competition law

2019 ◽  
pp. 57-75
Author(s):  
Sandra Marco Colino
Keyword(s):  
European Union ◽  
Competition Law ◽  
Eu Law ◽  
The European Union ◽  
National Competition ◽  
Current Interaction ◽  
Article 50 ◽  
The Uk ◽  
The Relationship ◽  
The Eu

This chapter focuses on the current interaction between European Union and UK law. EU law is currently a source of UK law. However, the relationship between the two regimes is expected to change in the future as a consequence of the UK’s decision to withdraw from the EU. The European Union (Withdrawal) Act 2018 stipulates that the European Communities Act 1972 will be ‘repealed on exit day’, which would be 29 March 2019 provided that the two-year period since Article 50 TEU was triggered is not extended. Once the European Communities Act 1972 has been repealed, EU law will cease to be a source of UK law. No major immediate changes to the national competition legislation are to be expected, but future reforms could distance the UK system from the EU rules.

9. The European Union and Brexit

Public Law ◽  
2020 ◽  
pp. 355-396
Author(s):  
Mark Elliott ◽  
Robert Thomas
Keyword(s):  
European Union ◽  
Legal System ◽  
Lessons Learned ◽  
Eu Law ◽  
The European Union ◽  
Eu Membership ◽  
Parliamentary Sovereignty ◽  
The Uk ◽  
The Eu

This chapter focuses on the constitutional implications of the UK’s membership of the European Union and the constitutional implications of its exit from the EU (or ‘Brexit’). The chapter examines how EU law was accommodated within the UK legal system during the period of the UK’s membership of the EU, and in particular considers the consequences of the primacy of EU law for the doctrine of parliamentary sovereignty. The chapter also considers the extent to which lessons learned about the UK constitution as a result of EU membership will remain relevant now that the UK has left the EU.

BENEFITS FOR EU CITIZENS: A U-TURN BY THE COURT OF JUSTICE?

2015 ◽  
Vol 74 (2) ◽  
pp. 195-198 ◽  
Author(s):  
Steve Peers
Keyword(s):  
European Union ◽  
Social Welfare ◽  
Member State ◽  
Eu Law ◽  
The European Union ◽  
Welfare Benefits ◽  
Court Of Justice ◽  
Uk Government ◽  
The Uk ◽  
The Eu

THE recent judgment of the Court of Justice of the European Union in the case of Dano (ECLI:EU:C:2014:2358) clarified some important points as regards access to social welfare benefits by EU citizens who move to another Member State. Furthermore, the judgment could have broad implications for any attempts by the UK Government to renegotiate the UK's membership of the EU, which is likely to focus on benefits for EU citizens coming to the UK. This note is an updated and expanded version of my analysis on the EU Law Analysis blog: http://eulawanalysis.blogspot.co.uk/2014/11/benefit-tourism-by-eu-citizens-cjeu.html.

scholarly journals SITUATION OF ROMANIAN ROMA LIVING IN ENCAMPMENTS IN POLAND AND OPPORTUNITIES OF PARTICIPATION IN SPORTING ACTIVITIES THE CASE OF POZNAŃ

2018 ◽  
Vol 2 (1) ◽  
pp. 77-98
Author(s):  
Katarzyna Czarnota
Keyword(s):  
Health Care ◽  
European Union ◽  
The European Union ◽  
Foreign Nationals ◽  
Right To Work ◽  
Work Health ◽  
Sporting Activities ◽  
The Right ◽  
The Eu

The phenomenon of migration and the challenges in the new hosting country have been often analysed in relation to the newcomers arriving from states outside of the European Union. However, in Poland these are the citizens of the EU who face discrimination. At the same time, despite the principles of the EU programs concerning different spheres and operations of integrative and inclusive character aimed at foreign nationals, including sport initiatives, Roma have been systematically omitted and excluded since the 1990s. This situation caused this group to be deprived of the right to work, health care, welfare and adequate housing and education. Opportunities of participating in sporting activities are very limited. In Poland, only a few non-governmental organisations and anti-racist activist initiatives attempt to cooperate with the members of this community. The first part of the article contains a broad introduction to the situation of Romanian Roma in Poland which is necessary in the light of the lack of studies on this subject within Polish sociology, and allows the reader to grasp the wider context of the discussion on the issue of access to sporting activities. Then, drawing on the research and activist experience, the author describes local sport initiatives available to Roma children living in the Poznań encampment, with emphasis on informal initiatives.

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