Patient Mobility in Times of Austerity: A Legal and Policy Analysis of the Petru Cas

Abstract:

The case-law of the Court of Justice (ECJ ) on patient mobility was recently challenged by a ruling that a patient could go to Germany for treatment when facilities in Romanian hospitals were inadequate.

Given the reported impact of austerity measures in the field of health care this raises the question; what is the impact of the ECJ ’s ruling on how Member States can manage expenditure and limit outflows of patients and how should such measures be legally evaluated?

The objective of this article is to analyse potential impact on health systems in the context of increasing pressure on public financing for health. While the ECJ mainly referred to the requirement of treatment in due time, we also analyse possible austerity reductions of the basket of care against the background of EU law (i.e., ECJ case-law, patient mobility directive, Charter of Fundamental rights and social security regulation).

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