The European Health Insurance Card was adopted after long and slow procedures, in order to consolidate the internal market. Nowadays, it has become an important piece of the European health policy ...and of the European identity. The European citizens can have medical benefits in another Member State that the State where they have a medical insurance, benefits that are necessary and in the absence of which, these citizens should end their stay and return to the State of insurance. The medical assistance can be necessary even because of pre-existing or chronic diseases, pregnancy and birth. The European Health Insurance Card cannot be used in case of planned medical assistance. The medical assistance thus received can be free of charge, partially free of charge or not, according to the legislation of each Member State. In contrast to its jurisprudence in the field of planned medical treatments, the European Court of Justice has decided that a partial reimbursement in this case is not contrary to free movement of services.
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This contribution focuses on the legal position and working conditions of cross-border temporary agency workers. In the context of the relationship between the free movement of workers and the ...freedom to provide services, the applicability of the Temporary Agency Work Directive (TAWD) and/or of the (revised) Posting of Workers Directive (PWD) to several different arrangements for cross-border temporary agency work is explored. Furthermore, the tools to prevent circumvention and to encourage compliance with and the enforcement of these legal instruments are discussed. With regard to the role of temporary work agencies and other intermediaries in practice, there seems to be an overlap between facilitation and exploitation, with numerous studies and reports underpinning this assertion. Despite the more favourable position of ‘recruited’ transnational temporary agency workers on paper, the gap with ‘posted’ temporary agency workers is not so wide in reality. For all cross-border temporary agency workers in low-waged sectors, significant problems related to non- or semi-compliance with the applicable regulations arise. After discussing the main challenges relating to non-compliance and enforcement, as well as available tools for cross-border cooperation, some potential future solutions to the aforementioned problems are outlined. In this regard, a pragmatic stance is taken as no ‘magic bullet’ solutions exist.
The European Union places great emphasis on removing obstacles within its internal market, which is considered a fundamental pillar of European economic integration. By way of legal acts, the ...conditions for the functioning freedoms of the internal market are harmonized in all EU Member States. In our study, we focus on freedom to provide services, in order to clarify the system and conditions for providing cross-border services and to identify concrete entities providing this kind of services in Slovakia. The subject of the study is the provision of services by foreign entities in the territory of the Slovak Republic, who have already obtained authorization to perform the services on the territory of their Member State of establishment in accordance with Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27 December 2006, pp. 36-68). At the same time, the study also focuses on the system of taxation of cross-border services. Based on facts and data obtained from the Register of Cross-border Services, we have identified areas of providing cross-border services in Slovakia. In our study, we have applied the methods of comparative analysis, legal research, the study of literature, and the decisions of the EU Court of Justice. The study also includes clarification of the concept of cross-border provision of services.
Abortion by telemedicine in the European Union Hervey, Tamara; Sheldon, Sally
International journal of gynaecology and obstetrics,
April 2019, 2019-Apr, 2019-04-00, 20190401, Letnik:
145, Številka:
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Journal Article
Recenzirano
Odprti dostop
This paper analyses an important set of legal issues raised by the telemedical provision of abortion pills. Focusing on the case of European Union (EU) law, it suggests that a properly accredited ...doctor seeking to treat a patient with abortion pills is entitled, in principle, to rely on EU rules of free movement to protect their access to patients in other member states, and women facing unwanted pregnancies likewise have legal rights to access the services thus offered. EU countries seeking to claim an exception to those rules on the basis of public health or the protection of a fundamental public policy interest (here, the protection of fetal life) will face significant barriers.
Where offered by accredited doctors within the European Union, telemedical early medical abortion services are potentially protected by European Union free movement laws.
This article analyses EU member state political responses to ECJ challenges. Faced with high consensus requirements at the European level, member states often have to respond unilaterally and explore ...how to pursue autonomous regulatory goals in 'EU-compatible' ways. Member states' domestic responses to one prominent series of ECJ judgments (Laval, Rüffert, Commission vs Luxembourg) are traced from a Europeanization perspective. The case studies show that, by forging a consensus which includes potential litigants and by building on existing legal precedent, member state governments can preserve significant parts of their original legislation while making it ECJ-proof.
The present article will explore the free movement of services, which is one of the four fundamental freedoms of the citizens of the European Union. The reader's attention will be drawn to the ...violation of the right to non-discrimination in view of the unfavourable treatment of Bulgarian citizens in comparison with citizens of the European Union regarding the prices of package holidays on the Bulgarian Black Sea coast offered by Bulgarian travel agencies.
The European citizen who leaves his state of residence to receive medical treatment in another Member State of the Union, is a beneficiary of the free movement of services. Therefore, European ...citizens should be treated in the host states identically/similarly to the nationals of these states, and the restrictions on mobility, including by the home state, should be analysed from the perspective of the legitimate purpose, necessity and proportionality. But the serious problem of financial resources bars this ideal. For this main reason, European Union law has provided for a system of prior authorisation in the case of patients who want to be treated in other Member States, authorisation on the obtaining of which the reimbursement of the expenses incurred by the patients is conditional. The Court of Justice made this system more flexible for the benefit of patients, but the full reimbursement of medical expenses was recognized only in the case of treatments which have the advantage of not generating a disability. In a Union whose values are human dignity, respect for human rights, social solidarity, the financial impossibility of European citizens with serious diseases of benefiting from effective medical treatments in another Member State, demonstrates the inconsistency of European law with its values.
The role of the Court of Justice in furthering the integration of the European Union is an unresolved topic of debate. This article contributes to the judicialization debate by assessing the impact ...of the Vander Elst Case‐law, which allowed third‐country nationals (TCNs) to be posted freely across the EU without work permits in the countries of posting. Based on Belgian posting data, we demonstrate that the ECJ introduced a mobility regime that is growing in importance and even outnumbers classical labour migration. We argue that judicialization not only results in ‘codification' of its case‐law or ‘modification' of it, but also in ‘Direct Design', whereby the Court creates new economic realities all by itself. While this regime further lessens the migration sovereignty of member states, the rising use of posting indicates at the same time the increasing role of the free movement of services in developing a single European labour market.
In March 2016 the European Commission proposed a revision of the Posting of Workers Directive (Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the ...posting of workers in the framework of the provision of services). Two years later, the co-legislators have adopted the revised Directive (Directive 2018/957/EU of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services). This Article seeks to explain how this reform builds on the principles developed in the case law of the Court of Justice and eventually managed to upgrade the Posting of Workers Directive into an extended package of protective labour rules that nevertheless remains within the boundaries of internal market legislation.
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