Article 15, Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients' rights in cross-border healthcare

2011 ◽  
Vol 13 (3,4) ◽  
pp. 311-312
2016 ◽  
pp. 107-122
Author(s):  
Agata Michalska-Olek

The article aims to show the possible ways of judicial redress for claims resulting from sales of goods especially including the issue of jurisdiction and application of the provisions of national law or the provisions of Community law. In the article the provisions of the Convention of 30 October 2007 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters as well as the provisions of regulations of the European Parliament and of the Council were widely discussed. The author discusses in particular the issue related to cross-border contracts for the sales-of-goods within the European Union. Part of the deliberations concerns judicial rulings, in particular judicial decisions issued in cases in which the court shall consider the issue of jurisdiction of its own motion. In the conclusion of the article it is stated that the choice between the national jurisdiction and the jurisdiction of other states will depend on the terms of agreement between the parties as well as the documents related to the transaction, in particular consignment notes (CMR), and the EXW clauses – such a formulation means that the parties agreed to the way of delivery of goods according to the commercial (Incoterms) clauses, determining in such a way the issue of jurisdiction.


Author(s):  
Wolfgang Bogensberger

Article 31 TEU The European Parliament and the Council may, by means of directives adopted in accordance with the ordinary legislative procedure, establish minimum rules concerning the definition of criminal offences and sanctions in the areas of particularly serious crime with a cross-border dimension resulting from the nature or impact of such offences or from a special need to combat them on a common basis.


2012 ◽  
Vol 19 (5) ◽  
pp. 467-484 ◽  
Author(s):  
Simon Taylor

Abstract Developments in European Union law have created rules favourable to cross-border patient movement. However, where national laws on patient rights differ, this may limit movement by creating confusion for patients and by reducing their confidence in seeking treatment abroad. This article examines the extent to which English and French law recognize a patient right to information regarding treatment. In light of the differences between the two systems concerning both the form and the content of the law, highlighted by recent developments in French law, the article then considers whether the Patients’ Rights Directive can provide a framework for coordination of national rules.


2014 ◽  
Vol 21 (1) ◽  
pp. 65-78 ◽  
Author(s):  
L.M.H. Bongers ◽  
D.M.R. Townend *

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.


2021 ◽  
Vol 65 (4) ◽  
pp. 750-786
Author(s):  
Ioana Olaru ◽  

This article examines the agreements as to succession from a historical perspective and in the context of the particular effects given by the  Regulation (EU) no. 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of judgments and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession. The article aims to establish the content and the admissibility of these agreements in  successions having cross-border implications that are governed by Romanian applicable law, and to determine which agreements allowed by Romanian civil law could fall under the European definition.


BMJ ◽  
2011 ◽  
Vol 342 (jan17 2) ◽  
pp. d296-d296 ◽  
Author(s):  
H. Legido-Quigley ◽  
I. Passarani ◽  
C. Knai ◽  
R. Busse ◽  
W. Palm ◽  
...  

2021 ◽  
pp. 71-83
Author(s):  
Constantin Mihalescu ◽  

Mediation has represented and represents an alternative for state justice that impartially solves a conflict between two parties. Mediation used to exist from the early times of the civilization, and in the form we see it nowadays appeared in Europe ‘90s through the American way, as through Directive CE / 52/2008 of the European Parliament, all the Member States needed to take steps in including the mediation in civil and commercial cases where issues appear most frequently related to the parties’ affiliation to different and cross-border legal systems. In Romania, the mediation institution operates based on Law no. 196/2006 in regards to mediation and mediator profession, and in the Republic of Moldova based on Law no. 137/2015 in regards to mediation. We consider that analyzing the history of the mediation institution could help strengthen citizens’ trust in this way of resolving voluntary and alternative disputes through a mediator.


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