Right to health in the context of cross-border healthcare in the European Union
The legal meaning of the right to health within the European Unionsocial security coordination and cross border health care framework reflects the balance between individual entitlements and the limits of EUcompetence in health policy. While Article 35 of the Charter of Fundamental Rights of the Eur...
Elmentve itt :
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| Dokumentumtípus: | Könyv része |
| Megjelent: |
Institute of Criminological and Sociological Research; Bar Association of Vojvodina; Serbian Academy of Sciences and Arts Branch in Novi Sad
Belgrade, Novi Sad
2025
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| Sorozat: | The right to health
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| Tárgyszavak: | |
| doi: | 10.47152/ns2025.30 |
| mtmt: | 36430532 |
| Online Access: | http://publicatio.bibl.u-szeged.hu/38249 |
| Tartalmi kivonat: | The legal meaning of the right to health within the European Unionsocial security coordination and cross border health care framework reflects the balance between individual entitlements and the limits of EUcompetence in health policy. While Article 35 of the Charter of Fundamental Rights of the European Union (CFREU) recognizes a right to accesspreventive health care and medical treatment under conditions establishedby national law, this provision does not create a harmonized EU-level entitlement. Instead, the right to health in the context of social security coordination is primarily operationalized through Regulation (EC) No883/2004 and it’s implementing Regulation (EC) No 987/2009, which ensure the portability of health benefits and the equal treatment of mobileinsured persons across Member States. Case law of the Court of Justice ofthe European Union (CJEU) has clarified that this right is derivative, conditional, and closely tied to the principle of free movement of persons. Byanalyzing the legal framework and key CJEU judgments, this paper demonstrates that the EU approach is functional rather than substantive, protecting access to healthcare as a social security benefit rather than as an autonomous human right. |
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| Terjedelem/Fizikai jellemzők: | 21 585-605 |
| ISBN: | 9788690584444; 9788660320065; 9788680756707 |