The Application and Interpretation of the EU Charter in the Context of Cross-Border Movement of Patients

Abstract

Cross-border movement of patients in the EU has been traditionally linked to and analyzed from the perspective of the internal market. This article seeks to introduce human rights, namely the European Convention on Human Rights and the EU Charter of Fundamental Rights, into the discourse about migration of patients. The aim of this article is to address the question – now that the EU Charter has become binding – whether the application of human rights law in the context of cross-border movement of patients has the potential to deepen integration in this emerging area of law. For patients this could mean that it becomes easier to exit their home system and receive health care in another Member State, whereas for Member States it would amount to a (further) reduction of their sovereignty in a sensitive field.