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Johan Willem van de Gronden Erika Szyszczak
• •
Editors
123
Editors
Johan Willem van de Gronden Ulla Neergaard
Faculty of Law Faculty of Law
Radboud University University of Copenhagen
Comeniuslaan 4 Studiestræde 6
6525 HP Nijmegen 1455 Copenhagen K
The Netherlands Denmark
e-mail: [email protected] e-mail: [email protected]
DOI 10.1007/978-90-6704-728-9
Ó T.M.C. ASSER PRESS, The Hague, The Netherlands, and the authors 2011
Produced and distributed for T.M.C. ASSER PRESS by Springer-Verlag, Berlin Heidelberg
No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by
any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written
permission from the Publisher, with the exception of any material supplied specifically for the purpose
of being entered and executed on a computer system, for exclusive use by the purchaser of the work.
The use of general descriptive names, registered names, trademarks, etc. in this publication does not
imply, even in the absence of a specific statement, that such names are exempt from the relevant
protective laws and regulations and therefore free for general use.
Series Editors
v
Preface and Acknowledgments
Over the last 20 years, it has become clear that EU law has had a considerable
impact on health care, despite the limited EU competence to legislate in this field.
A very important development is the Commission’s proposal for a Directive on
Patients’ Rights in Cross-border Health Care. In response to these controversial
developments in October 2009, a conference on Health Care and EU law was held
at the Radboud University, Nijmegen, The Netherlands. This book contains the
proceedings of this vibrant conference and, in addition, other contributions that
were commissioned by the editors to address a wide variety of significant themes
related to health care and EU law. Given that the ECJ’s case law on the free
movement of patients was an important starting point, the present volume places
the emphasis on internal market and competition issues.
This book is the second volume of the Series Legal Issues of Services of
General Interest. The aim of this series is to explore legal developments regarding
Services of General Economic Interest from a national, EU, WTO and comparative
perspective. In 2009, the first volume, The Changing Legal Framework for Ser-
vices of General Interest in Europe. Between Competition and Solidarity was
published stemming from an international conference organised in Potsdam,
Germany.
We would like to thank all authors for their interesting and stimulating papers.
Their studies greatly contribute to a better understanding of the growing impor-
tance of EU Law for health care. Furthermore, we are very grateful for the
generous financial support that we received from the Board of the Law Faculty of
the Radboud University Nijmegen to organise the conference on health care and
EU Law. We are very aware that this conference would not have seen the light of
day without the organisational and administrative support of the Centre for
Postacademic Legal Education of the Nijmegen Law Faculty. Members of the staff
of this centre, especially Wieneke Paulssen, were of great help.
The book was edited in the course of 2010 in close co-operation between the
four editors. Additional thanks are owed to Nina Harteveld, student-assistant at the
Department of International and European law of the Nijmegen Law Faculty, for
her work on the indexes.
vii
viii Preface and Acknowledgments
Moreover, we are also very grateful for the help and support given by the team
of T.M.C. Asser Press. Especially, the efforts of Philip van Tongeren and
Marjolein Bastiaans, which have led to a timely publication of the present volume,
are greatly appreciated.
Post Script
In January 2011 the European Parliament adopted a revised text of the Directive
on patient’s rights to second reading.
At the moment of the publishing of the present volume, a meeting of the
Council was scheduled with regard to this directive in March 2011. These
developments are not addressed in this volume.
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Contents
1 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Johan van de Gronden, Erika Szyszczak, Ulla Neergaard
and Markus Krajewski
Part I Foundations
ix
x Contents
Part V Conclusion
Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 503
List of Contributors
Rita Baeten, holds a master of social sciences and is senior policy analyst at the
OSE, European Social Observatory. Her research activities focus on the impact of
European integration on national healthcare systems and on their social character.
She advises the Belgian federal authorities on EU level developments with a
potential impact on healthcare.
Senior Policy Analyst, OSE, European Social Observatory, Paul Emile Janson
straat 13, 1050 Brussels. e-mail: [email protected]
Hilde Cadenau, currently works as a lawyer in the section European and Com-
petition Law at Pels Rijcken Droogleever Fortuijn N.V., located in The Hague. She
advises and litigates on subjects of European law, including agricultural law,
institutional law and state aid. She has a special interest in European and national
equal treatment law, and has published on the subject on various occasions.
Lecturer & Coordinator European Law Line, International Bachelor of Law Pro-
gram, The Hague University, Johanna Westerdijkplein 75, 2521 EN, The Hague
xiii
xiv List of Contributors
Julio Baquero Cruz, is a member of the Legal Service of the European Com-
mission and visiting professor at Sciences Po (Paris) and at Universidad San Pablo
CEU/Fundación Ortega y Gasset (Madrid). He has been Research Fellow at the
Centro de Estudios Políticos y Constitucionales and Associate Professor at Uni-
versidad Carlos III of Madrid (2007–2009), and Marie Curie Fellow at the Robert
Schuman Centre (2005–2006). He holds a Ph.D. from the EUI and a LL.M. from
the College of Europe. From 2000 to 2004, he was a référendaire at the European
Court of Justice. He has lectured and published extensively on EU law.
Pels Rijcken & Drooglever Fortuijn (state advocate), P.O. Box 11756, 2502 AT,
The Hague, The Netherlands, e-mail: [email protected]
law, Services of General (Economic) Interest and the impact of EU law on health
care. From 1998 until September 2007, he worked at the Europa Institute of the
University Utrecht (the last years as a senior lecturer). On 1 September 2007, he
was appointed as a Professor of European law in Nijmegen. Since 2003, he is also
a deputy judge at the District Court Rotterdam, where he mainly handles com-
petition law cases. He is also a member of the Committee of Consumer Affairs and
of the Committee of International Social and Economic Affairs of the Social and
Economic Council.
Professor of European law, P.O. Box 9049, 6500 KK, Nijmegen, The Netherlands,
e-mail: [email protected]
Jean McHale, is a Professor of Health Care Law and Director of the Institute of
Medical Law at the University of Birmingham. She previously held a chair at the
University of Leicester and also held posts at the Universities of Manchester,
Nottingham and East Anglia. She is a member of the editorial board of Health
Economics Policy and the Law, the Medical Law Review and Nursing Ethics.
Professor of Health Care Law and Director of the Institute of Medical Law,
Birmingham Law School, University of Birmingham, Edgbaston, Birmingham,
B15 2TT, UK
Tamara Hervey, is Jean Monnet Professor of European Union Law at the School
of Law, University of Sheffield. Her main research interests are in the field of EU
social and constitutional law, in particular its application in health fields, and she
has written widely on the EU’s involvement in health. She is interested in the
phenomenon of ‘new governance’ in the EU, in particular as an alternative or
supplement to ‘command and control’ means of regulation in social fields. She is
also interested in socio-legal theory and method, in particular, as applied to the law
of the EU.
xvi List of Contributors
Ulla Neergaard, holds a Ph.D. degree from the European University Institute,
Florence, Italy. Since 1998, Neergaard has been an academic at the Law
Department at the Copenhagen Business School, Denmark, most recently as
professor of competition law. Since 2009, Neergaard has been Professor of EU
market law at the Law Faculty at the University of Copenhagen, however, from the
summer of 2010 moving over to a professorship of EU law. Since 1999, Neergaard
has been an expert member of the Danish Council of Competition and, since 2005,
also of the Danish Energy Regulatory Authority. She has published widely in EU
competition law and the more fundamental EU law.
systems. Before joining the Observatory in April 2006, Willy was the Managing
Director of the International Association of Mutual benefit societies (AIM).
Frans Pennings, is a Professor of labour Law and Social Security Law at Utrecht
University and Professor of International Social Security Law at Tilburg Uni-
versity, the Netherlands. He published several books and articles on (European)
social law, including the European Coordination Security Regulation. In addition,
he is a judge at the Central Appeals Court in Utrecht (The Netherlands).
Professor of Labour Law and Social Security Law, Utrecht University, Achter St
Pieter 200, 3512 HT, Utrecht, The Netherlandse-mail: [email protected]
Hélène Stergiou, is a Ph.D. fellow and lecturer of European Law at the Depart-
ment of International and European Law of the Radboud University Nijmegen. As
an attorney at law, she practiced European Law at AKD Prinsen Van Wijmen
(Brussels) and Pels Rijcken & Droogleever Fortuijn in The Hague. Her research
focus lies with EU Public Procurement Law. Hélène holds a law degree from the
University of Utrecht and the College of Europe.
Ph.D. Fellow, P.O. Box 9049, 6500 KK, Nijmegen, The Netherlands, e-mail:
[email protected]
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