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The European Journal of Public Health 1997 7(Supplement 3):11-17; doi:10.1093/eurpub/7.suppl_3.11
© 1997 by European Journal of Public Health
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Patients' rights in the European Union: Cross-border care as an example of the right to health care

Herbert E.G.M. Herman*

*Correspondence: H.E.G.M. Hermans PhD, Associate Professor of Health Law, Department of Health Policy and Management, Erasmus University Rotterdam, P.O. Box 1738, 3000 DR Rotterdam, The Netherlands, tel. +31 10 4088549, fax +31 10 4526086

Received May 7, 1996 , accepted November 11, 1996

The rights of patients to receive health care in other member states of the European Union (EU) are dependent upon both individual rights and social rights. The problem is that these rights differ in character and the way they can be claimed. The right to health care falls under the category of social rights which require the state to provide the necessary health care services. Patients' rights to access to care are sometimes included in administrative regulations and in civil medical contract acts. European legislation and the jurisdiction of the Court of Justice of the European Communities played an important role in reinforcing the rights of patients to have access to health care in other member states. The practical consequences of the existing procedures and criteria have also been investigated. The entitlements based on differing legal procedures and criteria between and even within member states has led to confusion and inequality. Cases with different outcomes based on different legal grounds make it apparent that the rights of patients are dependent on several legal and practical factors. The conclusion is that, in the case of cross-border health care, a balance may be struck between the rights and criteria. This balance should create an equilibrium between general legal principles and national and international legislation.

Keywords: authorization, cross-border care, legal cases, legal principles, patients' rights


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