of patients’ rights in cross-border healthcare in EU member states
Lecturer Brîndua MARIAN1
The free movement of per sons is on e of the four fundamental freedo ms recognized
and regula ted at the European Union level. The definition and implementation of all existing
policies and actions at European level, r egardless of the sco pe, have as their focal point a
high level of health protection. Under the conditions of the extension of the right to healthca re
of the persons, at the level of the European Union, it is intended to ensure the access of every
person to healthcare based on the latest scientific discoveries. The adoption in 2011 of
Directive No. 24 is a n important step in r especting patients' rights in cross-bor der
healthca re, with important consequences both for the health of patients and for the health
systems in the Member States.
Keywords: healthca re, cross-border , rights, patients.
JEL Classification: K32
healthcare2 is to facilitate access to high-quality and safe healthcare in another
Member State of the European Union. European regulations promote cross-border
healthcare cooperation between Member States in the interest of the European
citizens with prescriptions, digital health (eHealth), rare diseases, as well as medical
For the application of patients' rights in cross-border healthcare, health
systems are central to ensuring a high level of social protection, contributing to both
social cohesion and social justice, with an important role in sustainable development.
These systems are based on a set of operating principles necessary to ensure a high
level of health protection and to ensure patients confidence in cross-border
Cross-border healthcare is defined as healthca re provided or pr escribed in
a Member State other than the Member State of affiliation and may be granted to the
insured persons3 of the EU Member States under the terms of the Directive in
compliance with national provisions in the field.
1 Brîndua Marian - University of Medicine, Pharmacy, Sciences and Technology of Tîrgu Mure,
2 Published in JO L 88, 4.4.2011.
3 Insured person’ means: persons, including members of their families and their survivors, who are
covered by Article 2 of Regulation (EC) No 883/2004 and who are insured persons within the meaning
of Article 1(c) of that Regulation; and nationals of a third country who are cover ed by Regulation