Pravo na prekograničnu zdravstvenu zaštitu
The Right to Cross-Border Healthcare

Author(s): Ivana Grubešić
Subject(s): Law, Constitution, Jurisprudence, Health and medicine and law, Labour and Social Security Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Cross-border health care; Health services; Patient's rights; Coordination; Healthcare system;
Summary/Abstract: The right to healthcare is one of the basic human rights from the corpus of social rights, and the possibility of cross-border healthcare significantly contributes to the freedom of movement of citizens as workers and patients. The subject of the research within the aforementioned topic will be focused on the possibility of exercising cross-border healthcare in the European Union, with reference to the implications the existing system in the EU has for the legislation in Bosnia and Herzegovina. The EU provided a complex system of coordination of national healthcare systems, with the possibility of exercising healthcare when applying the freedom of movement of workers. However, the opinions expressed by the EU Court of Justice in the cases of Kohll, Decker and others pointed out the shortcomings of the existing system, which resulted in the adoption of the Directive 2011/24/EU on cross-border healthcare of patients. In the context of the freedom of movement of health services, the Directive provides the possibility of obtaining healthcare in another member state without prior approval by the insurance carrier in the country of residence, which is of crucial importance for providing health services of appropriate quality in the EU and beyond. In this regard, the research will look at the scope of the ten-year application of the aforementioned Directive within the complex system of healthcare in the EU, as well as its possible implications for the legislation in BiH, considering the process of achieving EU membership.

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