Fundamental Freedoms Strengthen the Rights of Patients (again)

2012 ◽  
Vol 3 (2) ◽  
pp. 261-263
Author(s):  
Alexander Weiss
Keyword(s):  
Member State ◽  
Medical Care ◽  
Prior Authorization ◽  
National Legislation ◽  
Hospital Medical ◽  
Fundamental Freedoms

Case C-255/09 Commission v PortugalThe Portuguese Republic has failed to fulfil its obligations under Article 49 EC (Article 56 TFEU) by making no provision for reimbursement of non-hospital medical care provided in another Member State which does not involve the use of major and costly equipment exhaustively listed in the national legislation, other than in the circumstances specified in Regulation (EEC) No 1408/71 […] or, to the extent that Decree-Law No 177/92 allows reimbursement in respect of such care, by making such reimbursement subject to prior authorization (official headnote).

scholarly journals Normative Provision of the Right to Liberty and Integrity of the Person in the Light of International and National Legislation

2020 ◽  
Vol 90 (3) ◽  
pp. 93-101
Author(s):  
В. В. Абламська
Keyword(s):  
Human Rights ◽  
Member State ◽  
International Treaty ◽  
National Legislation ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
Points Of View ◽  
The Right ◽  
Legal Mechanism

The normative provision of the right to liberty and integrity of the person in the light of international and national legislation has been studied. The provisions of generally recognized international legal acts guaranteeing the right to liberty and integrity of the person have been provided. At the same time, there are also convention regulations, which provide cases of possible restriction of the researched right, and we note that such a right is not absolute in this regard. It has been determined that the norms of the Constitution of Ukraine, which regulate the right to liberty and integrity of the person, comply with international legal acts. Particular attention has been paid to the analysis of the decisions of the European Court of Human Rights, which emphasize the importance of this right, especially in the context of interpreting the requirements of the Art.. 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950. In this regard, it has been emphasized that any restriction of the right to liberty and integrity of the person must comply with the provisions of paragraph 1 of the Art. 5 of the said Convention and in no case go beyond its limits, i.e. to be consistent with its purposes (objective). In case of the violation of this right, a person can apply for the protection of his violated rights to the European Court of Human Rights. Taking into account scientific points of view, analysis of the relevant provisions of international and legal acts and national legislation, the author has clarified that the right to liberty and integrity of the person is a natural, inalienable and fundamental right of every human being. In this regard, each Member State, having ratified an international treaty guaranteeing the right to liberty and integrity of the person, is obliged to establish an effective legal mechanism for the protection of such a right in national law.

The use of in-hospital medical care for patients with metastasized colon, bronchus, or lung cancer

2021 ◽  
Author(s):  
Isabeau S. L. van Brakel ◽  
Martijn M. Stuiver ◽  
Sjoerd M. Euser ◽  
Gerty J. de Klerk ◽  
Karlijn J. van Stralen
Keyword(s):  
Lung Cancer ◽  
Medical Care ◽  
Hospital Medical

The Implementation of the Directive on the Application of Patients’ Rights in Cross-border Healthcare in the Netherlands

2014 ◽  
Vol 21 (1) ◽  
pp. 65-78 ◽  
Author(s):  
L.M.H. Bongers ◽  
D.M.R. Townend *
Keyword(s):  
The Netherlands ◽  
Member State ◽  
Contact Point ◽  
Health Law ◽  
Special Issue ◽  
National Legislation ◽  
Patients Rights ◽  
Cross Border ◽  
Dutch Health ◽  
The Individual

Abstract This article discusses the significance of the Directive 2011/24/eu on the application of patients’ rights in cross-border healthcare for the protection of individual patients’ rights in the Netherlands by describing how its provisions are implemented in Dutch health law. The responsible Dutch authorities take the view that most of the Directive’s provisions and requirements are covered in existing Dutch law. Implementation of the Directive would only require adaptations to national legislation with regard to the establishment of a national contact point for cross-border healthcare and the recognition of medical prescriptions issued in another Member State. This article looks into the question of how far the Dutch law meets the requirements of the Directive in relation to the individual patients’ rights addressed in this special issue of the European Journal of Health Law.

Article 140 TFEU

2019 ◽  
Author(s):  
Leo Flynn
Keyword(s):  
Member State ◽  
Central Bank ◽  
Monetary Union ◽  
European Central Bank ◽  
Economic And Monetary Union ◽  
Member States ◽  
National Legislation ◽  
European Central ◽  
High Degree

Articles 121(1), 122(2), second sentence, and 123(5) EC At least once every two years, or at the request of a Member State with a derogation, the Commission and the European Central Bank shall report to the Council on the progress made by the Member States with a derogation in fulfilling their obligations regarding the achievement of economic and monetary union. These reports shall include an examination of the compatibility between the national legislation of each of these Member States, including the statutes of its national central bank, and Articles 130 and 131 and the Statute of the ESCB and of the ECB. The reports shall also examine the achievement of a high degree of sustainable convergence by reference to the fulfilment by each Member State.

CUSTOMS DUTIES IN THE CUSTOMS UNION OF EURASIAN ECONOMIC UNION

2015 ◽  
Vol 10 (4) ◽  
pp. 133-139 ◽  
Author(s):  
Орлов ◽  
Igor Orlov
Keyword(s):  
Comparative Analysis ◽  
Member State ◽  
Customs Union ◽  
National Legislation ◽  
Eurasian Economic Union ◽  
Economic Union ◽  
Definition Of ◽  
Unambiguous Interpretation

This article presents a comparative analysis of customs duties as a form of customs fees levied in the states - members of the Customs Union Eurasian economic union. Based on the analysis, the suppositions about the reasons for the differences in the bases and the number of customs duties in the states - members of the Customs Union EAEU are made. The author states his position on the need for an unambiguous interpretation of the definition of «customs duties», which will eventually allow to set common types of customs duties in the national legislation of each Member State of the Customs Union EAEU.

scholarly journals Influence of a Non-Hospital Medical Care Facility on Antimicrobial Resistance in Wastewater

PLoS ONE ◽  
2015 ◽  
Vol 10 (3) ◽  
pp. e0122635 ◽  
Author(s):  
Mathias Bäumlisberger ◽  
Loubna Youssar ◽  
Markus B. Schilhabel ◽  
Daniel Jonas
Keyword(s):  
Antimicrobial Resistance ◽  
Medical Care ◽  
Care Facility ◽  
Hospital Medical

The Wall Around EU Fundamental Freedoms: the Purely Internal Rule at the Forty-Year Mark

2019 ◽  
Vol 38 ◽  
pp. 153-219
Author(s):  
Amedeo Arena
Keyword(s):  
Member State ◽  
European Integration ◽  
Internal Market ◽  
European Court Of Justice ◽  
Integration Process ◽  
Cross Border ◽  
Fortieth Anniversary ◽  
Court Of Justice ◽  
European Court ◽  
Fundamental Freedoms

Abstract ‘Purely internal situations’ are sets of facts entirely confined within a single Member State. According to the ‘purely internal rule’, introduced by the European Court of Justice (ECJ) in 1979, purely internal situations lie outside the scope of the internal market fundamental freedoms and of other EU provisions having a cross-border scope. On the fortieth anniversary of the jurisprudential genesis of the purely internal rule, this article seeks to examine its origins, rationale, and evolution, by analyzing the most relevant patterns in the over 250 preliminary rulings handed down in disputes involving purely internal situations. This survey will enable an assessment of the systemic significance of the purely internal rule and of the consequences that abolishing that rule would have for the European integration process.

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