The Role of Cross-Border Healthcare, Part of the Europe 2020 Strategy, in the Context of the Standardization of the Legislation at European Level

Abstract

Because the right of EU citizens to be treated abroad was recognized by the Court of Justice of the European Union in several specific cases, starting with decisions dating back more than a decade, these decisions becoming part of the European acquis, this Article reviews the way in which the judgments of the Court of Justice of the European Union were refined within Directive 2011/24/EU. In the field of cross-border medical services, a certain overlap is somehow reached between the law of the Union and the national law, so that European law in many cases is essentially limited to indicating a binding objective, i. e. the achievement of the free movement of citizens patients and their equal treatment, regardless of nationality, in relation to national authorities, while preserving the competence of the member states. Against this overlap and given that the European Commission has established the role of health as part of the 2020 strategy, the article aims to analyse how Romania obliged to submit to the regulatory framework imposed by primary and secondary legislation, manages to ensure the sustainability of the current model of the healthcare system, in order to increase its efficiency and effectiveness.

DOI: 10.5901/ajis.2015.v4n1s2p37