Ensuring patients’ rights in cross-border healthcare: the new Commission’s directive

As part of the Renewed Social Agenda, the Commission adopted on 2 July 2008 a proposal for a directive to facilitate the application of European patients’ rights in relation to cross-border healthcare, as well as a Communication on improving co-operation between Member States in this area. Despite several clear European Court of Justice’ rulings confirming that the EU Treaty gives individual patients the right to seek healthcare in other Member States and be reimbursed at home, uncertainty remains over how to apply the principles of this jurisprudence more generally. With this proposal the Commission aims to provide legal certainty on this issue. This follows calls from both the European Parliament and the Council of Ministers for the Commission to propose a specific initiative on cross-border healthcare, in a way explicitly adapted to, and respecting, the unique nature of the healthcare sector. In addition, the proposed Directive provides a solid basis to unlock the huge potential for European cooperation to help improve the efficiency and effectiveness of all EU health systems.