Juridification, Medicalisation, and the Impact of Eu Law: Patient Mobility and the Allocation of Scarce NHS Resources

Abstract

There has been a steady growth in the European Union's (EU) competence in relation to health care in recent years. 1 One aspect of the EU's involvement in this area has been the objective of liberalising the provision and receipt of health care across Member States so that, on the one hand, health care providers are able to offer their services in other Member States and, on the other, individuals may, assuming certain conditions are satisfied, travel to another Member State to access health care. This liberalisation, which is designed to extend to health care the operation of the internal market and competition rules, has given rise to a voluminous literature. 2 Within this, a recurring theme is the potential impact of what Szyszczak calls 'the 1 For an indication of the extent of the EU's legal jurisdiction in health care matters, and the nature of its impact on

Solidarity as a Political Determinant of Health: Insights from EU Competition Policy

“…Questions of the extent of EU-level involvement in health have been reinvigorated by responses to the COVID-19 pandemic with calls for a European Health Union, but have also received attention in the content of the internal market and cross-border healthcare, where concerns about the effects on national healthcare systems (including commitments to solidarity) were identified (e.g. Vollaard et al 2006, Veitch 2012). Concerns about EU-level "overreach" into national healthcare systems have been connected to EU competition policy (Morton 2021 and, but it is also considered that the influence of EU competition policy on national healthcare systems functions in a different way, so can be distinguished from concerns about general EU-level "overreach" emerging in the context, e.g.…”

The Hospital Emigration to Another Region in the Light of the Environmental, Social and Governance Model in Italy During the Period 2004-2021

“…Patient mobility in France at an interregional level is increased between 2014 and 2019 from 22.9% to 24.6%. The possibility of patent mobility between European nations poses legal and financial issues that have only been partially resolved with European legislation and the rulings of the European judiciary [6], [7], [8], [9].Patient mobility in Spain is positively associated to income and the quality of health services [10]. The mobility of doctors and nurses is greater than patient mobility in Europe, even if only patient mobility has been considered relevant in the European legislation [11].…”

The hospital emigration to another region in the light of the environmental, social and governance model in Italy during the period 2004-2021

“…Patient mobility in France at an interregional level is increased between 2014 and 2019 from 22.9% to 24.6%. The possibility of patent mobility between European nations poses legal and financial issues that have only been partially resolved with European legislation and the rulings of the European judiciary [ 51 , 60 , 62 , 97 ]. Patient mobility in Spain is positively associated to income and the quality of health services [ 20 ].…”