scholarly journals Different Approaches to Cross Boreder Mobility of Patients in the European Union in Czechia, Slovakia and Poland

2016 ◽  
Vol 9 (2) ◽  
pp. 101-120
Author(s):  
Filip Křepelka
Keyword(s):  
European Union ◽  
Social Security ◽  
Quality Care ◽  
Quality Of Healthcare ◽  
Price Setting ◽  
The European Union ◽  
Socioeconomic Conditions ◽  
Public Financing ◽  
Court Of Justice

Poland and Slovakia are neighbour countries with similar history and socioeconomic conditions. They share heritage of socialized healthcare. Nevertheless, they adopted different policies towards promotion of patients’ mobility in the European Union. Accession to coordination of social security establishing assistance for tourists was smooth. Providers offer quality care for good prices. Foreign patients come to all three countries. Right for reimbursement of treatment intentionally sought across borders was created by the Court of Justice already before their accession. Nevertheless, they already decided on the Patients’ directive. Czechia supported it, Slovakia abstained and Poland refused. Numerous Poles seek treatment abroad and ask for its reimbursement, while implementing legislation barely complies and authorities are tight-fisted. Few Slovaks do it in accordance with rules adopted with cautiousness. Czechs ignore this opportunity despite official benevolence. Quality of healthcare, various price-setting and peculiarities of public financing explain this difference.

21. Free movement: social rights

2020 ◽  
pp. 507-528
Author(s):  
Marios Costa ◽  
Steve Peers
Keyword(s):  
European Union ◽  
Social Security ◽  
Free Movement ◽  
Social Rights ◽  
The European Union ◽  
Court Of Justice ◽  
The Social ◽  
Free Movement Of Workers

This chapter examines the social rights that arise as part of free-movement rights under Articles 21, 45, 49 and 59 of the Treaty on the Functioning of the European Union (TFEU). It highlights the extensive interpretation given by the Court of Justice (CJ) to these rights ensuring equality of treatment for those migrants who are economically active. As well as dealing with the provisions in the Citizens’ Rights Directive (CRD) (Directive 2004/38) and Regulation 492/2011 on the free movement of workers, the chapter deals briefly with the provisions relating to social security and EU citizenship.

23. Free movement: social rights

2017 ◽  
Author(s):  
Lorna Woods ◽  
Philippa Watson ◽  
Marios Costa
Keyword(s):  
European Union ◽  
Social Security ◽  
Free Movement ◽  
Social Rights ◽  
The European Union ◽  
Court Of Justice ◽  
The Social

This chapter examines the social rights that arise as part of free-movement rights under Articles 21, 45, 49 and 59 of the Treaty on the Functioning of the European Union (TFEU). It highlights the extensive interpretation given by the Court of Justice (CJ) to these rights ensuring equality of treatment for migrants. As well as dealing with the provisions in the Citizens’ Rights Directive (CRD) (Directive 2004/38), it deals briefly with the provisions relating to social security.

Advocate Generals’ Opinions or Separate Opinions? Judicial Engagement in the CJEU

2012 ◽  
Vol 14 ◽  
pp. 723-744
Author(s):  
Sophie Turenne
Keyword(s):  
European Union ◽  
Selection Process ◽  
Fundamental Rights ◽  
The European Union ◽  
Court Of Justice ◽  
Current Context

AbstractIn this article, we challenge that assumption that the Court of Justice of the European Union does not need to accommodate dissenting opinions because the necessary arguments and policy perspectives can be outlined in the AG’s Opinion. We examine the greater legitimacy that may be gained from permitting dissenting and concurring opinions in cases which involve the determination of fundamental rights before the Court. We ultimately argue that our discussion on the quality of judgments is closely related to a discussion on the selection process and criteria for membership of the Court. In the current context, however, the AG’s Opinions continue to provide a more robust field for articulating national and European norms and a larger space for interpretive innovation than the Court’s ordinary forum.

scholarly journals Overview of recent cases before the court of justice of the European Union (April−September 2017)

2017 ◽  
Vol 19 (4) ◽  
pp. 353-362
Author(s):  
Anne Pieter van der Mei
Keyword(s):  
European Union ◽  
Financial Crisis ◽  
Social Security ◽  
Case Law ◽  
Social Rights ◽  
The European Union ◽  
Binding Effect ◽  
Court Of Justice ◽  
The Social ◽  
Third Country Nationals

This contribution presents an overview of the case law of the Court of Justice of the European Union in the period April–September 2017 on social security matters. The relevant rulings concern first and foremost the rules determining the applicable legislation as enshrined in Regulation 883/2004 and Regulation 1408/71. In addition, the Court of Justice has delivered important rulings concerning posted worker and the binding effect of A1 certificates, the social security rights of third country nationals holding a single-permit and the protection of social rights in the context of financial crisis and austerity measures.

scholarly journals Overview of recent cases before the Court of Justice of the European Union (July 2019-September 2019)

2019 ◽  
Vol 21 (4) ◽  
pp. 370-377
Author(s):  
Anne Pieter van der Mei
Keyword(s):  
European Union ◽  
Social Security ◽  
Member State ◽  
Equal Treatment ◽  
The European Union ◽  
Court Of Justice ◽  
Insurance Cover ◽  
The Status ◽  
The One ◽  
The Right

In the reporting period July-September 2019, the Court of Justice of the European Union delivered various rulings that are significant for social security. The ruling that stands out is the one in Van den Berg and others, which concerned the power of a non-competent Member State to grant residents benefits where they lack insurance cover in the competent State. The other cases included in this overview concern the application of the right to equal treatment to social security conventions concluded between a Member State and a third country ( EU), the retention of the status of self-employed person by women who cease to be active due to pregnancy ( Dakneviciute) and the right to export student financial aid ( Aubriet).

scholarly journals Subject Matter Specialization of European Union Jurisdiction in the Preliminary Rulings Procedure

2019 ◽  
Vol 20 (8) ◽  
pp. 1214-1231
Author(s):  
Matthias Jacobs ◽  
Matthias Münder ◽  
Barbara Richter
Keyword(s):  
European Union ◽  
Subject Matter ◽  
Judicial System ◽  
European Court Of Justice ◽  
The European Union ◽  
Court Of Justice ◽  
European Court

AbstractOver the years, judgments by the European Court of Justice (“ECJ”) have been—sometimes heavily—criticized. While the recent reforms to the EU’s judicial system have addressed the high caseload of the General Court of the European Union (“GC”), the perceived lack of quality of the ECJ’s judgments in preliminary rulings procedures remains an issue. This Article will outline in what way these judgments are criticized and try to examine the root causes of the criticism. It goes on to argue that subject matter specialization is an adequate answer to this criticism and examines how subject matter specialization can be introduced into the European Union (“EU”) judicial system.

scholarly journals Rationale of perspective directions of standardization of medical care of the population of Ukraine at the turn of 2020

2020 ◽  
Vol 3 (13) ◽  
pp. 4-11
Author(s):  
D.D. Diachuk ◽  
O.L. Zyukov ◽  
O.M. Lishchyshyna
Keyword(s):  
European Union ◽  
Comparative Analysis ◽  
Quality Management System ◽  
Quality Criteria ◽  
Quality Of Healthcare ◽  
Healthcare Services ◽  
Healthcare Sector ◽  
The European Union ◽  
Normative Documents

Abstract. The state of standardization of healthcare services to the population of Ukraine has to be critically analyzed and compared with the basic European recommendations on methodology. Since the standardization of healthcare services usually takes place under complex national conditions and is a component of the quality management system, we aimed to determine whether the methodology for standardizing healthcare services in Ukraine is consistent with the methods used in countries with strong economies. Aim: to determine whether the implementation and development of the methodology for standardizing healthcare services to the population of Ukraine corresponds to the approaches in the European Union, and to substantiate promising directions for improving the standardization of healthcare services to the population of Ukraine at the turn of 2020. Materials and methods. A historical analysis of the normative documents that currently define the methodology of standardization of healthcare services in Ukraine and their comparative analysis with the EU acquis in health care have been carried out. Results and discussion. Since the main responsibility for improving the quality of healthcare services belongs to government institutions, the common documents of the European Union on this issue are recommendative in nature. At the same time, a comparative analysis made it possible to identify the main achievements and gaps in the methodological support of standardization in the healthcare sector in Ukraine, to substantiate the directions for improving the standardization of healthcare services to the population of Ukraine at the turn of 2020. Conclusion. At the beginning of 2020, the methodology for standardizing healthcare services in Ukraine partially corresponds to the approaches typical of the European Union. At the present stage, improving the quality of healthcare services in Ukraine requires strengthening the accountability of government agencies, improving the procedure for implementing and updating health standards in accordance with existing data, establishing a connection between the quality criteria of healthcare services, the drug formulary and the list of available equipment based on a single evidence base and a single conceptual and terminological thesaurus, monitoring the compliance with standards and tariffs for medical (pharmaceutical) services through pilot implementation, monitoring of clinical indicators. The progress in these areas is possible providing that the methodology of evidence-based medicine is followed, with the broad involvement of healthcare professionals and healthcare service receivers.

scholarly journals Gaps in social security protection of mobile persons: Options for filling these gaps

2020 ◽  
Vol 22 (2) ◽  
pp. 163-179 ◽  
Author(s):  
Ger Essers ◽  
Frans Pennings
Keyword(s):  
European Union ◽  
Social Security ◽  
Sickness Benefit ◽  
Unemployment Benefits ◽  
Eu Law ◽  
The European Union ◽  
Disability Benefit ◽  
Court Of Justice ◽  
The Right ◽  
National Systems

The effects of crossing borders can be advantageous or disadvantageous for the persons concerned; these are all part of the game and cannot be challenged on the basis of EU law. After all, the Treaty on the Functioning of the European Union (TFEU) does not provide powers for harmonisation, but only for coordination. However, the coordination rules themselves may make a person worse off when he or she makes use of the right to free movement. More precisely, such an effect may occur in combination with differences between national systems to which coordination rules are applied. One example is that the coordination rules provide that a person is subject to unemployment benefits in the country of residence and, as a result, if that person becomes ill, also to sickness benefit in that country. If the duration of sickness benefit in the country of residence is 52 weeks, but the waiting period for disability benefit (supposing, for instance, that this is (mainly) due from the country of employment) is 104 weeks, there is a gap of 52 weeks in protection. The relevance of such gaps is not to solve particular cases as such; after all, these are closely linked to particular national systems. The relevance lies in the more general approach that is now being developed by the Court of Justice to address such gaps. This will be useful in cases other than those discussed here and may be further developed in order to be codified in the Coordination Regulation.

scholarly journals Overview of recent cases before the Court of Justice of the European Union (July – October 2018)

2018 ◽  
Vol 20 (4) ◽  
pp. 364-373
Author(s):  
Anne Pieter van der Mei
Keyword(s):  
European Union ◽  
Social Security ◽  
Member State ◽  
Legal Status ◽  
The European Union ◽  
Personal Care ◽  
Conflict Rule ◽  
Sole Purpose ◽  
Collective Agreements ◽  
Court Of Justice

In the reporting period July-October 2018, the Court of Justice of the European Union (CJEU) delivered three rulings ( Alpenrind, Walltopia, and Commission v Belgium) concerning the conflict rule for posted workers as contained in Article 12 of Regulation 883/2004. The CJEU clarified the meaning of the `non-replacement condition', the legal status of workers who are recruited for the sole purpose of being posted to another Member State as well as procedural aspects relating to A1 certificates. In addition, the CJEU delivered judgments on the portability of personal care benefits (A), the application of the prohibition of discrimination on grounds of disability to social security provisions contained in collective agreements ( Bedi) and the protection of supplementary pension claims in the event of insolvency of the employer ( Grenville Hampshire).

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