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Towards Europeanisation through the proportionality test? the impact of free movement law on medical professional discipline.

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). pp. 61-82.


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.

Item Type:Article
Full text:Publisher-imposed embargo until 17 July 2022.
(AM) Accepted Manuscript
File format - PDF
Publisher Web site:
Publisher 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 This article may be used for non-commercial purposes in accordance with Wiley Terms and Conditions for Use of Self-Archived Versions.
Date accepted:01 June 2020
Date deposited:02 June 2020
Date of first online publication:17 July 2020
Date first made open access:17 July 2022

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