Naslov
Is ECJ's Patient Mobility Jurisprudence Endangering Introduction of New Medical Procedures (Treatments) into National Social Security Health Packages?

Autori
Sokol, Tomislav

Vrsta, podvrsta i kategorija rada
Radovi u zbornicima skupova, cjeloviti rad (in extenso), znanstveni

Izvornik
Third European Conference on Health Law: An Ageing Europe. Health Law Revisited / - Leuven : Centre for Biomedical Ethics and Law, University of Leuven ; European Association of Health Law, 2011, 1-18

ISBN
978-904-861-219-2

Skup
Third European Conference on Health Law

Mjesto i datum
Leuven, Belgija, 06.10.2011. - 07.10.2011

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Međunarodna recenzija

Ključne riječi
Court of Justice ; medical procedures ; patient mobility ; social coverage

Sažetak
The European Court of Justice has, in the recent years, significantly developed its jurisprudence on the entitlement of a patient socially protected in one EU Member State to obtain health care treatment in another Member State. In doing that, the Court has touched upon the methods the Member States use to define their packages of socially covered medical procedures. The aim of the paper is to investigate the case-law by the Court of Justice and see whether it may have a negative impact upon introduction of new medical procedures into the social health care packages. The paper analyses the relevant Court of Justice jurisprudence, focusing on the recent Elchinov judgement. Using examples of UK and Slovenia, the paper submits that the latest judicial development could make introduction of new medical procedures into national social security packages harder and more cumbersome (which could be detrimental to the important role of new medical technologies, including new treatments, in increasing the lifespan of people with chronic conditions and multiple diseases), emphasising the need for the Court of Justice to modify its approach. This issue is especially significant in the context of providing more efficient health care to the elderly, whose numbers are increasing in Europe due to the process of population ageing and of the overall importance of medical innovation within the evolving European context.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA