A Review of the Creation by the European Court of Justice of the Right to Effective and Speedy Medical Treatment and its Outcomes

• Autores: Alina Kaczorowska
• Localización: European Law Journal, ISSN-e 1468-0386, Vol. 12, Nº. 3, 2006, págs. 345-370
• Idioma: inglés
• Enlaces
  • Texto completo
• Resumen

  • This article is in two parts. The first part examines a number of judgments delivered by the Court of Justice of the European Communities since 1998, all of which relate to the free movement of medical services covered by national healthcare schemes of the Member States. It then demonstrates that these judgments, when construed cumulatively, reveal that not only have all EU citizens insured under national healthcare schemes been accorded the right to obtain effective and speedy medical treatment anywhere in the EU, in the event that their home national healthcare fails to provide this, but also that the cost of such treatment shall be borne by their home national insurance scheme. The fact that the new right has developed despite each Member State having exclusive competence with respect to the organisation and financing of its healthcare system is commented upon. The second part suggests and discusses risks and limitations currently surrounding the right and its exercise, and indicates challenges that the new right poses for the national healthcare systems of the Member States.