The EU Treaty states that the organisation, management, financing and delivery of healthcare are the responsibility of the EU Member States, and not within the EU remit. However, several judgments of the European Court of Justice have confirmed that patients have in certain cases, the right to access healthcare products and services in other Member States than their own country, with the cost being borne by their own health system.In September 2006, the Commission launched a consultation with all stakeholders involved in the health services sector to explore measures for a developing a Community Framework for Safe, High Quality and Efficient Health Services.
On 2 July 2008, the Commission adopted a proposal for a Directive on the application of patients’ rights in cross-border healthcare.
The draft Directive has gone through a co-decision-making procedure with the European Parliament and Council. The European Parliament adopted its position on 23 April 2009.
EPF has been working with its members and allies to ensure a patients’ perspective was reflected in the legal text.
But the blocking of the Directive came as a very surprising and unfortunate outcome of the Health Council held on 1 of December in Brussels. The Health Ministers present at the meeting were regrettably unable to reach a political agreement on the compromise text proposed by the Swedish EU Presidency. Spain, Portugal, Poland, Romania and Greece voted against the Directive, which was enough to form a blocking minority. This reflected once again their strong concerns about the Directive limiting their competence for financing and organising healthcare.
EPF regrets very much the inability of Member States to reinforce the rights of the patients through this Directive and to move it forward for a second reading in the European Parliament. Since October, EPF has sent letters addressed to Health Ministers of the 27 EU Member States and health attachés urging for their support on the Directive.
EPF will continue to engage with the Spanish EU Presidency, the Belgian EU Presidency, the new Health Commissioner and the European Parliament on this issue and will advocate for ALL patients’ fundamental right to quality healthcare, in their country and abroad.
Page last modified: 13th February 2010
EPF Policy Fact sheet on patients’ cross-border mobilityEPF’s Response Health Services’ consultationEPF Statement on Cross-Border Health Care DirectiveEPF Explanatory Note Directive