Towards Europeanisation Through the Proportionality Test? The Impact of Free Movement Law on Medical Professional Discipline

Van Leeuwen, Barend

doi:10.1111/eulj.12362

Towards Europeanisation Through the Proportionality Test? The Impact of Free Movement Law on Medical Professional Discipline

Van Leeuwen, Barend

Authors

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

Abstract

Medical doctors can exercise their free movement rights to escape the control of professional regulation at the national level. This “darker side” of free movement of doctors has received a lot of attention. This article will show that the free movement provisions play an increasingly important role in medical disciplinary cases. The application of free movement law can make a positive contribution to the protection of patient safety. However, disciplinary tribunals are unfamiliar with the structure of arguments based on the free movement provisions. While the case law on free movement of patients has encouraged a process of internationalisation of medical standards, free movement of doctors has not yet led to a similar process of Europeanisation of medical professional rules. Nevertheless, the proportionality test requires that disciplinary tribunals engage in a process of comparison between their own rules and the rules in other Member States.

Citation

Van Leeuwen, B. (2020). Towards Europeanisation Through the Proportionality Test? The Impact of Free Movement Law on Medical Professional Discipline. European Law Journal: Review of European Law in Context, 26(1-2), 61-82. https://doi.org/10.1111/eulj.12362

Journal Article Type	Article
Acceptance Date	Jun 1, 2020
Online Publication Date	Jul 17, 2020
Publication Date	2020-03
Deposit Date	Jun 1, 2020
Publicly Available Date	Jul 17, 2022
Journal	European Law Journal
Print ISSN	1351-5993
Publisher	Wiley
Peer Reviewed	Peer Reviewed
Volume	26
Issue	1-2
Pages	61-82
DOI	https://doi.org/10.1111/eulj.12362

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Copyright Statement
This is the peer reviewed version of the following article: Van Leeuwen, Barend (2020). Towards Europeanisation Through the Proportionality Test? The Impact of Free Movement Law on Medical Professional Discipline. European Law Journal 26(1-2): 61-82 which has been published in final form at https://doi.org/10.1111/eulj.12362. This article may be used for non-commercial purposes in accordance with Wiley Terms and Conditions for Use of Self-Archived Versions.