Facilitating Access to Services of General Economic Interest Through EU Internal Market Legislation: The Case of Healthcare
摘要
Healthcare services are subject to free movement across the EU internal market, allowing providers and users the freedom to receive and provide these services throughout the EU territory. However, owing to the significant role that healthcare enjoys in the welfare systems of states and the corresponding competences in the area which are primarily retained with the Member States, the legal framework of cross-border healthcare is far more complex. The complete freedom of movement of healthcare services could pose a threat to the budgeting and planning power of the Member States. As a result, the responsibility for the organization of healthcare systems lies with the Member States, and they have the authority to determine whether and/or which healthcare services constitute services of general economic interest (SGEI). Furthermore, it is essential to note that healthcare services are excluded from the scope of the Services Directive. Even if they were to be recognized as SGEIs, healthcare services are treated differently from most other SGEIs. This discrepancy in treatment arises due to the unnecessarily complex nature of the legal framework for EU patient mobility. Consequently, the freedom to access healthcare services, which could be recognized as SGEIs, is less accessible than for other SGEIs falling within the scope of the Services Directive.