High-quality health services are a priority issue for European citizens ¹. Rights to healthcare are also recognised in the Charter of Fundamental Rights of the EU ². The European Court of Justice has made clear that Treaty provisions on free movement apply to health services, regardless of how they are organised or financed at national level. However, many healthcare stakeholders have asked for greater clarity over what Community law means in general terms for health services. The Commission therefore undertook in its 2007 Annual Policy Strategy to develop a Community framework for safe, high quality and efficient health services, by reinforcing cooperation between Member States and providing certainty over the application of Community law to health services and healthcare.

Community action on health services does not mean harmonising national health or social security systems. The benefits that different health and social security systems provide and their organisation remain the responsibility of the Member States, in accordance with the principle of subsidiarity. Nor does it mean stepping back from what already exists. The principles established by the Court in this area must be respected, as must other existing Community provisions and the basic principles underpinning European health systems, including equity, solidarity and universality.

The Commission considers that Community action should be founded on two pillars:

• legal certainty, which citizens as well as national and local health actors currently feel the lack of. There is a need to address the wider application of European Court of Justice rulings regarding Treaty provisions on free movement of patients, professionals and health services. This focuses in particular on cross-border care, but cross-border care has consequences for all health services, whether provided across borders or not;
  
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• and support for Member States in areas where European action can add value to their national action on health services. This should enable those responsible for health systems (including social security institutions) to have a clear framework of Community law within which to operate and take advantage of cooperation between health systems where helpful in providing safe, high-quality and efficient health services.

Consultation regarding Community action on health services

Before the Commission brings forward proposals for Community action on health services, we are consulting all stakeholders involved in the health services sector, on the basis of a specific consultation document. Responses to this consultation, focused around the nine specific questions identified in the text of the Communication, should be sent to the Commission by 31 January 2007, by email to health-services-consultation@ec.europa.eu, or by post to:

European Commission
Health and Consumer Protection Directorate-General
Health services consultation
B232 8/102
B-1049 Brussels
Belgium

All contributions received will be published, unless specifically indicated otherwise. Following this consultation, the Commission intends to bring forward appropriate proposals in 2007.

Communication from the Commission :

Consultation regarding Community action on health services

Press releases:

Patient mobility: Commission launches public consultation regarding EU action on health services

Questions and Answers on Health Services in the EU


Consultation contributions


Access to cross-border health care in the EU: clarification needed!(Streaming video .wmv - 16Mb) - (Streaming video .rm - 16Mb)

¹ See Eurobarometer 63 at http://ec.europa.eu/public_opinion/archives/eb/eb63/eb63_en.htm.
² See Article 35 on health care.