Faculty of Administration, Ljubljana (VUSLJ)
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The compatibility of private health insurance schemes with EU law [Elektronski vir] : applying the health insurance exception beyond substitutive private health insuranceNikolić, BrunoThe lack of clarity as to the scope of the health insurance exception enshrined in Article 206 of the Solvency II Directive has created uncertainties surrounding the implications for government ... intervention in the private health insurance market. A contentious interpretation of the health insurance exception, offered by former EU Commissioner Bolkestein, and the approach subsequently taken by the Commission and the Court of Justice of the European Union in assessing the compatibility of Member State intervention in private health insurance have led to a divergence in the application of EU law, which further increases uncertainties around the legality of Member State intervention. This article proposes an alternative interpretation of the health insurance exception that draws on a contemporary understanding of private health insurance as a socio-economic institution aimed at achieving a highly competitive social market economy. This alternative interpretation extends the applicability of the health insurance exception from substitutive private health insurance to complementary private health insurance that covers statutory user charges and thus improves the compliance of national health insurance systems in several Member States with EU law and enhances the coherence of EU law.Source: The Cambridge yearbook of European legal studies. - ISSN 2049-7636 (Vol. 22, 3. jun. 2020, str. 156 - 181)Type of material - e-articlePublish date - 2020Language - englishCOBISS.SI-ID - 24910595
Author
Nikolić, Bruno
Topics
private health insurance |
health insurance exception |
third non-life insurance directive |
solvency II directive |
service of general economic interest |
zasebno zdravstveno zavarovanje |
izjema zdravstvenega zavarovanja |
tretje premoženjsko zavarovanje |
direktiva o solventnosti II |
storitev splošnega gospodarskega pomena
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Nikolić, Bruno | 32752 |
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