Towards an internal health market with the European court
Bibliographic Data
| ID | 8041433 |
|---|---|
| Authors | Dorte Sindbjerg Martinsen (0000-0002-2113-0950, University of Copenhagen, corresponding author) |
| Year | 2005 |
| Volume | 28 |
| Issue | 5 |
| Pages | 1035-1056 |
| Publication date | 2005-11-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | West European Politics (JOURNAL) |
| Journal identifiers | ISSN: 0140-2382 • E-ISSN: 1743-9655 |
| Publisher | Taylor & Francis (PUBLISHER • GB) |
| DOI | 10.1080/01402380500311806 |
| OpenAlex | W1980860892 |
| Language | EN |
| Citations received | 25 |
| References cited | 15 |
This article examines the process through which a European healthcare dimension has been established and which has gradually extended the rights of European patients to cross-border healthcare. The integrative course has been charted by the legal activism of the European Court of Justice, whereas political voice has largely been absent. Judicial activism alone has applied the principle of the free movement of services to the policy field of healthcare, and thereby further energised the process. The political impact of this specific process of integration through law is, however, clear. The dynamic evolution of Community law has increasingly challenged the national instrument to retain health supply within own borders. Furthermore, the position of the European patient has been empowered by new individual rights, emanating from a supranational locus of rights against which the discretion exerted by national authorities can be challenged. Through the indeterminacy of European rules, open to continuous contestation and clarification, healthcare institutionalisation has proceeded and the European Union has extended into the core of the welfare state
Business · Discretion · European integration · European union · European Union law · Fundamental rights · Health care · Human rights · International trade · Law and economics · Member state · Member states · Political science · Politics · Sociology · European and International Law Studies · European Law and Migration · European Union Policy and Governance · Law · Public Administration
Social Policy
What is driving rates of social policy preliminary references to the CJEU? Evidence from the United Kingdom and France
The weakness of strong policies and the strength of weak policies
Patient mobility, changing territoriality and scale in the EU’s internal market
The EU’s legal identities and the Court of Justice of the EU
European integration in the era of permissive dissensus
The rise of a European healthcare union
The end of eastern territoriality? CJEU compliance in the new member states
The three faces of European Union health policy
How Bureaucracies Listen to Courts
Collaboration and Consultation
Privatisation and Marketisation of Health Care Systems in Europe
National courts and preliminary references
The European Union as an opportunity
The European Welfare State
The Europeanization of Health Care Governance
Pour un usage heuristique du néo-institutionnalisme
Re‐establishing needed limits
European Union and Health Policy
The making of a European healthcare union
Destabilization rights and restabilization politics
Does the EU Need a Navel? Implicit and Explicit Identification with the European Union
The Europeanization of Welfare - The Domestic Impact of Intra-European Social Security
Understanding the Role of the European Court of Justice in European Integration
Developing Multilateral Surveillance Tools in the EU
The Judicial Construction of Europe
Establishing the Supremacy of European Law
The European Court of Justice and the free movement of patients in the European Union
Why there is no 'southern problem'. On environmental leaders and laggards in the European Union
The Europeanization of Welfare - The Domestic Impact of Intra-European Social Security
Who Are the “Masters of the Treaty
The Path to European Integration
Rethinking law in neofunctionalist theory
Europe Before the Court
The Limits of Design
European Integration and National Social Citizenship
| Unique citing works | 25 |
|---|---|
| Citations per year | 1,19 |
| Citation span | 2005 - 2022 (18) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 25 |