EU law and health professionals

Peeters, Miek; Merkur, Sherry

doi:10.1017/cbo9780511750496.015

Cited by 19 publications

(3 citation statements)

References 2 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…As a result, the mutual recognition regime lets the host member state test for skills, including language skills, and apply its full range of regulations to the professional, so long as they do it in a nondiscriminatory manner (Nicolaïdis and Schmidt, 2007). 5 This approach, which is formally quite strong but builds in a great deal of host country power, was consolidated through a series of directives in the early twenty-first century, applying to doctors, nurses and the other professions (Peeters et al, 2010).…”

Section: Professional Mobilitymentioning

confidence: 99%

Managing risks in EU health services policy: Spot markets, legal certainty and bureaucratic resistance

Greer

Jarman

2012

Journal of European Social Policy

View full text Add to dashboard Cite

European Union (EU) healthcare services policy has been largely driven by the European Court of Justice (ECJ) applying the law of the internal market to the previously separate area of healthcare systems. We argue that it opened up two major risks: that health service planning would be disrupted by cross-border flows of patients and professionals, including ostensibly interchangeable professionals or procedures that actually vary in quality; and that health systems would be disrupted by the application of liberalizing EU regulatory frameworks. The threats have largely been managed by four developments. Cross-border flows have largely appeared as spot markets rather than broad competition. States, meanwhile, have managed both regulatory and planning risks by debating and then legislating, which increases legal certainty, and the ECJ has taken the hint and become more cautious in its rulings. Meanwhile, states and health systems alike have implemented a strategy of ‘bureaucratic resistance’ upon discovering how easy it is to comply in only the narrowest ways, thereby limiting affects on systems and regulations alike. The experience testifies to the difficulty of creating and sustaining health markets, but also to the risks of international trade in health services and the amount of effort it takes to manage such risks.

show abstract

Section: Professional Mobilitymentioning

confidence: 99%

Managing risks in EU health services policy: Spot markets, legal certainty and bureaucratic resistance

Greer

Jarman

2012

Journal of European Social Policy

View full text Add to dashboard Cite

show abstract

“…The current Directive 2005/36/EC and its predecessors have not been explicit on the possibility for language testing(Peeters et al, 2010). It caused practical and legal insecurity whether language testing was possible or not.See, for example, Case C-424/97, Haim II [2000] ECR I-5123.…”

mentioning

confidence: 99%

Supporting health systems in Europe: added value of EU actions?

Clemens

Michelsen

Brand

2013

HEPL

View full text Add to dashboard Cite

Since the start of the economic crisis, the European Union's (EU's) predominant discourse has been austerity and fiscal consolidation. The detrimental effects on Europe's health systems and the health status of its citizens are well described. However, little is known about the emerging EU-level initiatives to support national health systems handle the challenges of efficient care provision and system reorganisation aimed to meet their future needs. This review analyses the manner, conditions and prospects of such EU support. First, health system objectives are increasingly entering the EU health policy agenda. Second, professional and patient mobility provisions may support member states (MS) in copying with crisis related health challenges but can potentially acerbate them at the same time. Third, in recent initiatives health system goals are more closely tied to the EU's economic growth narrative. And fourth, health system issues are taken up in existing EU-level structures for debate and exchange between MS. In addition, the design of some policies may have the potential to intensify socioeconomic and health inequalities rather than ameliorate them.

show abstract

mentioning

confidence: 99%

Health system governance in Europe

Clemens

View full text Add to dashboard Cite

EU law and health professionals

Cited by 19 publications

References 2 publications

Managing risks in EU health services policy: Spot markets, legal certainty and bureaucratic resistance

Managing risks in EU health services policy: Spot markets, legal certainty and bureaucratic resistance

Supporting health systems in Europe: added value of EU actions?

Health system governance in Europe

Contact Info

Product

Resources

About