Nový katalog pravomocí EU jako výsledek neutralizace národního práva právem unijním
New Catalogue of EU Competencies as a Result of Neutralization of National Law through Union Law

Summary/Abstract: New catalogue of EU competencies as provided from in the articles 4–6 of the Treaty is a result of a long development influenced as well by case-law of the European Court of Justice. The article is dealing with complementary competencies of the EU some of which resulted from “neutralization” of national law by the European law. Medical care is used as one of principle examples of such a process. Medical care is one of the competencies solely administers by the Member States. Nevertheless none of such competencies can be performed be the Member States to detriment of EU Single Market. Medical care provided to EU citizen potentially concerns important elements of EU Single Market such as free movement of goods, free movement of persons or free movement of services. In such areas, the European Court of Justice established basic rules for medical goods services and labour to fulfil the provisions of the EC Treaty concerning both medical care and basic Single Market freedoms. Medical care is organised mostly through public social security systems. A crucial question is to which extend such systems could cover medical care in other Member States. European Court of Justice quite recently came to a general conclusion that a previous consent of national social security authorities can be demanded only in cases of hospital medical treatment. Non-hospital treatment can not subvert national social security systems. Expenses should be covered according to national rules to the amount provided by such national rules. An important issue is a dimension of basic rights and freedoms. A draft of Treaty establishing a constitution for Europe provides for a wide range of basic rights and freedoms in the area of medical care such as rights of patient. The latter has a lot of common features with the general category of “consumer” in European law. Nevertheless neither EC legislature nor EC jurisprudence has established detailed rules for patient as a special type of “consumer”.

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