Harmonisation in Healthcare: The EU Patients’ Rights Directive

26 Pages Posted: 7 Jun 2011

See all articles by Wolf Sauter

Wolf Sauter

Tilburg Law and Economics Center (TILEC); Dutch Healthcare Authority; Tilburg Law School; Netherlands Authority for Consumers and Markets (ACM)

Date Written: June 7, 2011

Abstract

In the EU harmonisation of healthcare has long been elusive. Article 168 paragraph 7 TFEU even forms a sector-specific subsidiarity clause. Meanwhile the ECJ handed down a series of judgments concerning patients’ rights to reimbursement for healthcare consumed in other Member States. An initial attempt to codify this case law in the Services Directive failed in 2004. In March 2011 however, following a two-and-a-half year legislative process the EU patient’s rights Directive was adopted. It codifies the old patients’ rights, creates new rights to accountability and transparency, and promotes cooperation among national healthcare systems. As such it can be seen as a watershed in EU involvement in the healthcare sector.

Keywords: healthcare, EU, harmonisation, reimbursement, legislation, codification, patients' rights

JEL Classification: I18, K23, K32

Suggested Citation

Sauter, Wolf, Harmonisation in Healthcare: The EU Patients’ Rights Directive (June 7, 2011). TILEC Discussion Paper No. 2011-030. Available at SSRN: https://ssrn.com/abstract=1859251 or http://dx.doi.org/10.2139/ssrn.1859251

Wolf Sauter (Contact Author)

Tilburg Law and Economics Center (TILEC) ( email )

Warandelaan 2
Tilburg, 5000 LE
Netherlands

Dutch Healthcare Authority ( email )

Postbus 3017
Utrecht, 3502 GA
Netherlands

Tilburg Law School

Tilburg, 5000 LE
Netherlands

Netherlands Authority for Consumers and Markets (ACM) ( email )

PO Box 16326
2500 BH The Hague
Netherlands

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