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MEMBER STATES’ REGULATORY AUTONOMY IN HEALTH SERVICES WITHIN THE INTERNAL MARKET: THE IMPACT OF THE EUROPEAN LAW

Abstract

European Union (EU) law is based upon a liberalising imperative, the goal of which is to construct a single market between member states. Public healthcare is a fundamental task for the member states. However, its real character is ambiguous, though, on the one hand, healthcare is a cornerstone of social security and, on the other hand, it is an enormous economic sector. Legislation on the basis of the internal market can address numerous issues of pricing, accessibility of services and access to markets, competition and state aids, as well as consolidating and clarifying patient rights. Our study paper focuses on restrictive effects derived from EU law on national healthcare which requires stretching the basic distribution of powers between the EU and the Member States.

Keywords: healthcare, internal market, EU law, member states, health services, legislation

Authors: Phab.D. Plotnic Olesea, Associate professor, Jean Monnet Professor

                Ciochina Elena, PhD Student, Doctoral School in Law, Political Science and Administrative

Link : http://cse.uaic.ro/eurint/proceedings/index_htm_files/EURINT2018_PLO.pdf

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