The Doctor, the Patient, and EU Law: The Impact of Free Movement Law on Quality Standards in the Healthcare Sector

Van Leeuwen, Barend

The Doctor, the Patient, and EU Law: The Impact of Free Movement Law on Quality Standards in the Healthcare Sector

Van Leeuwen, Barend

Authors

Dr Barend Van Leeuwen barend.j.van-leeuwen@durham.ac.uk
Associate Professor

Abstract

This article analyses the impact of the free movement provisions on quality of healthcare in the EU. The application of the free movement provisions in the healthcare sector has restricted the freedom of Member States to set their own medical standards. International scientific evidence has to be taken into account. This impact reaches beyond the provision of cross-border healthcare. As a result, patients who are unable to travel abroad also benefit from higher medical standards. Individual challenges to national legislation under the free movement provisions are more successful in improving medical standards than adopting uniform European standards. Without a genuine internal market for healthcare services, European minimum standards do not contribute to improving the quality of healthcare in the EU.

Citation

Van Leeuwen, B. (2016). The Doctor, the Patient, and EU Law: The Impact of Free Movement Law on Quality Standards in the Healthcare Sector. European law review, 41(5), 638-654

Journal Article Type	Article
Acceptance Date	May 12, 2016
Online Publication Date	Oct 16, 2016
Publication Date	Oct 1, 2016
Deposit Date	Sep 8, 2017
Publicly Available Date	Oct 4, 2017
Journal	European Law Review
Print ISSN	0307-5400
Publisher	Sweet and Maxwell
Peer Reviewed	Peer Reviewed
Volume	41
Issue	5
Pages	638-654
Publisher URL	http://www.sweetandmaxwell.co.uk/catalogue/productdetails.aspx?recordid=427&productid=6968

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Copyright Statement
This is a pre-copyedited, author-produced version of an article accepted for publication in European Law Review following peer review. The definitive published version Van Leeuwen, Barend (2016). The Doctor, the Patient, and EU Law: The Impact of Free Movement Law on Quality Standards in the Healthcare Sector. European Law Review 41(5): 638-654 is available online on Westlaw UK or from Thomson Reuters DocDel service.