PATIENT MOBILITY IN THE EU: PLANNED HEALTH CARE
|
|
- Bartholomew Wheeler
- 8 years ago
- Views:
Transcription
1 PATIENT MOBILITY IN THE EU: PLANNED HEALTH CARE Regional Health Conference on Health Insurance Sarajevo, July 2011 Tomislav Sokol LL.M., PhD Researcher at KU Leuven Institute for Social Law, Lecturer at Zagreb School of Economics and Management
2 1. Treaty Framework EU FRAMEWORK 2. Coordination rules of the EU 3. Case-law by the Court of Justice, mainly applying freedom to provide services 4. Patient Mobility Directive
3 1. TREATY FRAMEWORK art 168 TFEU public health art 153 TFEU harmonisation of social security art 48 TFEU social security coordination for employed and self-employed workers art 21(3) social security coordination for professionally non-active persons
4 1. TREATY FRAMEWORK art 114 TFEU harmonisation related to internal market art 115 TFEU harmonisation related to internal market art 352 TFEU where Treaties have not provided necessary powers
5 1. TREATY FRAMEWORK art 56 TFEU freedom to provide and receive services art 34 TFEU free movement of goods Charter of Fundamental Rights of the EU
6 2. COORDINATION REGULATIONS Regulation 1408/71 and its Implementing Regulation 574/72 Regulation 883/2004 became applicable after its Implementing Regulation 987/2009 entered into force 01 May 2010
7 2. COORDINATION REGULATIONS planned health care: When a person insured in Member State A (competent state) travels to the Member State B for the purpose of obtaining a health treatment there, he/she must ask for prior authorisation from his/her health insurer, in order to get the social coverage of the treatment (applies also to family members). That authorisation must be granted where:...the treatment in question is among the benefits provided for by the legislation in the Member State where the person concerned resides and where he cannot be given such treatment within a time-limit which is medically justifiable, taking into account his current state of health and the probable course of his illness.
8 2. COORDINATION REGULATIONS planned health care for pensioners: When a pensioner receiving pension from Member State A travels to the Member State B for the purpose of obtaining a health treatment there, he/she must ask for authorisation from the competent institution of Member State A. The requirements for granting the authorisation are the same as for insured persons, and the tariffs of Member State B are applicable. If the pensioner has residence in a Member State C, which receives reimbursement from Member State A on the basis of fixed amounts, Member State C is considered to be the competent state. This also applies to family members.
9 2. COORDINATION REGULATIONS - OVERVIEW prior authorisation required for non-urgent treatments, entitlement to reimbursement if refused unlawfully state of treatment rules and tariffs applicable; competent state s if higher than in the state of treatment (up to the level of actual cost) competent state pays the state of treatment s insurer only providers affiliated with the state of treatment social security system travel and accommodation costs which are inseparable from the treatment covered, if covered domestically
10 3. CASE-LAW several judgements applying primary EU law (mainly freedom to provide services) on social coverage of foreign treatments starting with: C-120/95 Nicolas Decker v Caisse de maladie des employés privés [1998] ECR I-1831 free movement of goods C-158/96 Raymond Kohll v Union des caisses de maladie [1998] ECR I-1931 freedom to provide services
11 3. CASE-LAW ECJ: mandatory prior authorisation an obstacle to the internal market (Kohll) ECJ: can be justified by the need to protect the financial stability of the system and the balanced medical and hospital service open to all (Kohll, C-157/99 Geraets- Smits) ECJ: prior authorisation condition possible for hospital services and treatments encompassing major medical equipment, but not for other non-hospital services and in cases of urgency (C-385/99 Müller-Fauré, C-512/08 Commission v France and C-173/09 Elchinov)
12 3. CASE-LAW ECJ: authorisation must be given if the same or equally effective treatment cannot be provided in the competent state without undue delay, taking into account patient s medical history, degree of pain, the ability to conduct a professional activity (Müller-Fauré) ECJ: same criteria under coordination rules and under primary law (C- 372/04 Watts) ECJ: prior authorisation scheme must be based on objective, nondiscriminatory criteria known in advance, so that the authorities discretion is not used arbitrarily (Müller-Fauré, Elchinov) - the authorisation system must be based on a procedural system which is easily accessible and capable of ensuring that a request for authorisation will be dealt with objectively and impartially within a reasonable time
13 3. CASE-LAW ECJ: reimbursement according to domestic (competent state) legislation, patient must pay upfront ECJ: patient entitled to the difference between the higher domestic coverage and lower state of treatment coverage under free provision of services and coordination rules (C- 368/98 Vanbraekel) ECJ: reimbursement up to the level of the real cost of the treatment if coverage and cost higher in the competent state (Watts, C-512/08 Commission v France)
14 3. CASE-LAW ECJ: patient is entitled to the reimbursement of ancillary travel and accommodation costs if that right is granted for treatment within the competent state (Watts) ECJ: avoiding disadvantageous treatment of health care abroad (Watts)
15 3. CASE-LAW ECJ: Community law cannot in principle have the effect of requiring a Member State to extend the list of medical services paid for by its social insurance system. (Geraets- Smits) ECJ: Member States free to determine the package of socially covered health treatments must comply with the EU law (Geraets-Smits) ECJ: packages must be based on objective, nondiscriminatory criteria international medical science (Geraets-Smits)
16 3. CASE-LAW EFTA Court: If an adequate domestic treatment is available in medically justifiable time and the foreign treatment is equally effective, the Member State can refuse to cover the expenses of the foreign treatment. This rule applies even when the foreign treatment is available sooner than the domestic treatment. EFTA Court: If the foreign treatment is more advanced, according to international medicine, than the domestic treatment, then the State may no longer justify prioritising its own offer of treatment.
17 3. CASE-LAW C-173/09 Georgi Ivanov Elchinov v National Health Insurance Fund (ECJ 05 October 2010) Bulgarian patient obtaining a treatment for an eye tumor in Germany; alternative in Bulgaria removing the eye vague and broad definition of coverage in Bulgarian legislation
18 3. CASE-LAW in cases where national legislation does not contain detailed lists of precise covered health care treatments (but broader definitions, of types of diseases, for instance), the national social security system is obliged to cover the most effective health treatment available within the EU, which falls within the broad national definitions, even if that treatment is not provided on the territory of the competent state
19 3. CASE-LAW What is the real scope of Member States freedom to define their social packages? medical conditions v. medical treatments return to Pierik? crucial importance of legislative methods and phrasing
20 3. CASE-LAW - OVERVIEW prior authorisation required for non-urgent hospital and treatments involving major medical equipment competent state rules and tariffs applicable (up to the level of actual cost) patient pays upfront and receives reimbursement from the competent state all providers who legally provide health care in the state of treatment travel and accommodation costs covered, if covered domestically
21 4. PATIENT MOBILITY DIRECTIVE Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients' rights in cross-border healthcare [2011] OJ L88/45 emphasis on health care obtained outside the competent state (Member State of affiliation) parallel to coordination transparency and administrative cooperation (national contact points) non-discrimination by the state of treatment
22 4. PATIENT MOBILITY DIRECTIVE rules on social coverage of health treatments apply to persons to whom EU rules on social security coordination are applicable, including third country nationals (non-eu), and also to third country nationals who satisfy the conditions of the competent state (state of affiliation) for entitlement to health care benefits covers health care provided by any natural or legal person, or an entity, which is legally providing health care in a Member State
23 4. PATIENT MOBILITY DIRECTIVE Not covered: (a) services in the field of long-term care the purpose of which is to support people in need of assistance in carrying out routine, everyday tasks; (b) allocation of and access to organs for the purpose of organ transplants; (c) with some exceptions, public vaccination programmes against infectious diseases which are exclusively aimed at protecting the health of the population on the territory of a Member State and which are subject to specific planning and implementation measures
24 4. PATIENT MOBILITY DIRECTIVE Member State of affiliation must be the one that is competent to grant prior authorisation under coordination rules
25 4. PATIENT MOBILITY DIRECTIVE...if a Member State is listed in Annex IV to Regulation (EC) No 883/2004 and in compliance with that Regulation has recognised the rights to sickness benefits for pensioners and the members of their families, being residents in a different Member State, it shall provide them healthcare under the Directive at its own expense when they stay on its territory, in accordance with its legislation, as though the persons concerned were residents in the Member State listed in that Annex
26 4. PATIENT MOBILITY DIRECTIVE if the healthcare provided in accordance with the Directive is not subject to prior authorisation, is not provided in accordance with Chapter 1 of Title III of the Regulation (EC) No 883/2004, and is provided in the territory of the Member State that according to that Regulation and Regulation (EC) No 987/2009 is, in the end, responsible for reimbursement of the costs, the costs shall be assumed by that Member State. This Member State may assume the costs of the healthcare in accordance with the terms, conditions, criteria of eligibility and regulatory and administrative formalities that it has established, provided that these are compatible with the TFEU
27 4. PATIENT MOBILITY DIRECTIVE prior authorisation includes health care which: (a) is made subject to planning requirements relating to the object of ensuring sufficient and permanent access to a balanced range of high-quality treatment in the Member State concerned or to the wish to control costs and avoid, as far as possible, any waste of financial, technical and human resources and: (i) involves overnight hospital accommodation of the patient in question for at least one night; or (ii) requires use of highly specialised and cost-intensive medical infrastructure or medical equipment; (b) involves treatments presenting a particular risk for the patient or the population, or (c) is provided by a healthcare provider that, on a case-by-case basis, could give rise to serious and specific concerns relating to the quality or safety of the care, with the exception of healthcare which is subject to Union legislation ensuring a minimum level of safety and quality throughout the Union
28 4. PATIENT MOBILITY DIRECTIVE defined list of grounds for refusal of authorisation state of affiliation must provide for administrative procedures, related to coverage of cross-border health care, which are objective, non-discriminatory and proportionate the procedures must prescribe reasonable periods of time (no concrete deadlines in the Patient Mobility Directive) to deal with requests for cross-border health care, and be made public in advance the decisions must be subject to case-by-case review and judicial control (including interim measures)
29 4. PATIENT MOBILITY DIRECTIVE reimbursement according to state of affiliation legislation, patient must pay upfront patient entitled to the difference between the higher domestic coverage and lower state of treatment coverage reimbursement up to the level of the real cost of the treatment if coverage and cost higher in the state of affiliation coverage of travel costs ambiguous
30 4. PATIENT MOBILITY DIRECTIVE Member States of affiliation should give patients the right to receive at least the same benefits in another Member State as those provided for by the legislation of the Member State of affiliation if the list of benefits does not specify precisely the treatment method applied but defines types of treatment, the Member State of affiliation should not refuse prior authorisation or reimbursement on the grounds that the treatment method is not available in its territory, but should assess if the cross-border treatment sought or received corresponds to benefits provided for in its legislation local-level decision-making emphasised
31 4. PATIENT MOBILITY DIRECTIVE- OVERVIEW prior authorisation required for hospital (overnight stays) and other cost-intensive treatments, in cases of health hazards and unsuitable providers competent state rules and tariffs applicable (up to the level of actual cost) patient pays upfront and receives reimbursement from the competent state all providers who legally provide health care in the state of treatment coverage of travel and accommodation costs unclear
32 4. PATIENT MOBILITY DIRECTIVE - PROBLEMS Member State of affiliation is the one that is competent to give prior authorisation under coordination rules issue of pensioners living abroad (compromise) parallel existence of two different systems of social security coverage of foreign health treatments tariffs and requirements for prior authorisation if the national list of benefits does not specify precisely the treatment method applied but defines types of treatment, the Member State of affiliation should not refuse prior authorisation or reimbursement on the ground that the treatment method is not available in its territory - interpretation lack of definition of international medical science and international medical standards
33 GENERAL ISSUES What is the real scope of Member States freedom to define their social security health care coverage? definition of covered health care crucial (treatments v conditions, international medical standards) applicable legislation (tariffs) danger for the poorer Member States using cooperation between social security systems to tackle the lack of resources?
34 Thank you for your attention! Contact info:
Case C-372/04, The Queen, on the application of Yvonne Watts v Bedford Primary Care Trust and Secretary of State for Health, 2006 ECR I-0000.
Freedom of Health and Medical Care Services within the European Union Recent Jurisprudence of the European Court of Justice, with Particular Reference to Case C-372/04 Yvonne Watts, 16 May 2006 Flaminia
More informationEuropean Health Insurance Card
European Health Insurance Card Coordination of sickness benefits Unit B4 Free movement of workers and coordination of social security schemes DG Employment, Social Affairs and Equal Opportunities Basic
More informationFrequently Asked Questions about the EU cross-border healthcare Directive
Frequently Asked Questions about the EU cross-border healthcare Directive 1 What is the EU Directive on cross-border healthcare? The Directive on the application of patients rights in cross-border healthcare
More informationEstate Planning and Patients' Rights in Cross-Border Healthcare
Directive 2011/24/EU on the application of patients rights in cross-border healthcare EPF for a patient-centred implementation Introduction These recommendations have been developed by the European Patients
More informationCross-border access to health care in the EU under Regulation 883/2004
Cross-border access to health care in the EU under Regulation 883/2004 Prof. dr. Herwig VERSCHUEREN University of Antwerp Sarajevo July 2011 Overview EU social security coordination system Objectives and
More informationCOMMISSION STAFF WORKING DOCUMENT. on the applicability of the existing EU legal framework to telemedicine services. Accompanying the document
EUROPEAN COMMISSION Brussels, 6.12.2012 SWD(2012) 414 final COMMISSION STAFF WORKING DOCUMENT on the applicability of the existing EU legal framework to telemedicine services Accompanying the document
More informationECJ Judgements concerning cross border Health Care 1998-2006. Summaries
ECJ Judgements concerning cross border Health Care 1998-2006 Summaries By Roos van der Velde Based on: "EuGH-Urteile zur grenzüberschreitenden Inanspruchnahme von Gesundheitsdienstleistungen" by Anna Englaender
More informationUK Implementation of Directive 2011/24/EU on patients rights in cross-border healthcare. Rob Dickman International Division
UK Implementation of Directive 2011/24/EU on patients rights in cross-border healthcare Rob Dickman International Division Malta Health Network 24 June 2013 Directive 2011/24/EU the most significant and
More information1 Introduction and correspondence
Brussels, 14 May 2014 Case No: 72376 (related to complaints no: 66927, 74734, 72754, 71454 and 74770) Event No: 692126 Decision No: 203/14/COL ITFTA SURVEILLANCE Ministry of Health and Care Services Postboks
More informationCross Border Healthcare & Patient Mobility
Cross Border Healthcare & Patient Mobility Public Consultation on Scotland s Transposition and Implementation of Directive 2011/24 EU on the Application of Patients Rights in Cross-border Healthcare Responses
More informationImpact of telemonitoring on health law and on healthcare (systems)
Impact of telemonitoring on health law and on healthcare (systems) Stefaan Callens Professor of health law KU Leuven (Belgium) Lawyer at the Brussels bar www.callens-law.be Content Introduction: e-health,
More informationSetting the legal context for telemedicine in the EU
Setting the legal context for telemedicine in the EU Catalina Dima ICT for Health Unit, European Commission Current and emerging challenges of ehealth privacy, law, ethics, governance and beyond" ehealth
More informationHow To Understand The Rules Of The European Union
Telehealth and the Law: An Update from Both Sides of the Atlantic John Williams, MD Associate Medical Director, University of Pittsburgh Medical Center International and Commercial Services Division (Moderator)
More informationProposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
EUROPEAN COMMISSION Brussels, 1.3.2012 COM(2012) 84 final 2012/0035 (COD) Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL relating to the transparency of measures regulating the
More informationEuropean Union Law and Online Gambling by Marcos Charif
With infringement proceedings, rulings by the European Court of Justice (ECJ) and the ongoing lack of online gambling regulation at EU level, it is important to understand the extent to which member states
More informationOfficial Journal of the European Union
5.6.2015 L 141/19 REGULATION (EU) 2015/848 OF THE EUROPEAN PARLIAMT AND OF THE COUNCIL of 20 May 2015 on insolvency proceedings (recast) THE EUROPEAN PARLIAMT AND THE COUNCIL OF THE EUROPEAN UNION, Having
More informationCOMMISSION RECOMMENDATION. of XXX. on the right to legal aid for suspects or accused persons in criminal proceedings
EUROPEAN COMMISSION Brussels, XXX C(2013) 8179/2 COMMISSION RECOMMENDATION of XXX on the right to legal aid for suspects or accused persons in criminal proceedings EN EN COMMISSION RECOMMENDATION of XXX
More informationFREQUENTLY ASKED QUESTIONS ABOUT THE RIGHTS OF EEA NATIONALS TO ACCESS BENEFITS AND THE CHANGES FOR A2 NATIONALS FROM 1 JANUARY 2014
FREQUENTLY ASKED QUESTIONS ABOUT THE RIGHTS OF EEA NATIONALS TO ACCESS BENEFITS AND THE CHANGES FOR A2 NATIONALS FROM 1 JANUARY 2014 1. Who are A2 nationals? These are citizens of the two countries that
More informationNews Analysis: ECJ Sorts Out Deductibility of University Fees
Volume 58, Number 11 June 14, 2010 News Analysis: ECJ Sorts Out Deductibility of University Fees by Tom O Shea Reprinted from Tax Notes Int l, June 14, 2010, p. 870 Reprinted from Tax Notes Int l, June
More informationDo you want to work in another EU Member State? Find out about your rights! Update 2007
Do you want to work in another EU Member State? Find out about your rights! Update 2007 European Commission Do you want to work in another EU Member State? Find out about your rights! Update 2007 European
More informationConsultation on the future of European Insolvency Law
Consultation on the future of European Insolvency Law The Commission has put the revision of the Insolvency Regulation in its Work Programme for 2012. The revision is one of the measures in the field of
More informationUnder European law teleradiology is both a health service and an information society service.
ESR statement on the European Commission Staff Working Document on the applicability of the existing EU legal framework to telemedicine services (SWD 2012/413). The European Society of Radiology (ESR)
More informationRegarding the need to establish a branch for the provision of financial services in the Czech Republic
Regarding the need to establish a branch for the provision of financial services in the Czech Republic Regulation Act No. 21/1992 Coll., on banks, as amended (the AoB ) Act No. 256/2004 Coll., on capital
More informationROADMAP. A. Context and problem definition
ROADMAP TITLE OF THE INITIATIVE PARTIAL REVISION OF REGULATIONS (EC) NOS 883/2004 and 987/2009 LEAD DG RESPONSIBLE UNIT EMPL/B4 DATE OF ROADMAP 12/03/2013 This indicative roadmap is provided for information
More informationCASH BENEFITS IN RESPECT OF SICKNESS AND MATERNITY SUBJECT TO EU COORDINATION
CASH BENEFITS IN RESPECT OF SICKNESS AND MATERNITY SUBJECT TO EU COORDINATION Z a k ł a d U b e z p i e c z e ń S p o ł e c z n y c h The scope and purpose of benefits coordination The EU coordination
More informationEUROPEAN UNION. Brussels, 7 February 2014 (OR. en) 2010/0210 (COD) PE-CONS 113/13 MIGR 125 SOC 922 CODEC 2518
EUROPEAN UNION THE EUROPEAN PARLIAMT THE COUNCIL Brussels, 7 February 2014 (OR. en) 2010/0210 (COD) PE-CONS 113/13 MIGR 125 SOC 922 CODEC 2518 LEGISLATIVE ACTS AND OTHER INSTRUMTS Subject: DIRECTIVE OF
More informationLeveraging digital solutions to ease cross-border financial services
Leveraging digital solutions to ease cross-border financial services Pascal Martino Partner Strategy, Regulatory & Corporate Finance Deloitte Said Qaceme Director Governance, Risk & Compliance Deloitte
More informationPUBLIC CONSULTATION ON POSTAL SERVICES
EUROPEAN COMMISSION PUBLIC CONSULTATION ON POSTAL SERVICES PART 2 CONSULTATION ENDS JAN 27 2006 NOV 2005 V1.9 Page 1 of 9 PART 2 CONSULTATION ON POSTAL SERVICES Part 2 asks more detailed questions on a
More informationCCBE comments on the proposal for a Directive of the European Parliament and of the Council on singlemember private limited liability companies
Conseil des barreaux européens Council of Bars and Law Societies of Europe Association internationale sans but lucratif Rue Joseph II, 40 /8 1000 Bruxelles T. : +32 (0)2 234 65 10 F. : +32 (0)2 234 65
More informationJUDGMENT OF THE COURT 10 May 2016
JUDGMENT OF THE COURT 10 May 2016 (Failure by an EEA/EFTA State to fulfil its obligations Prior authorisation schemes for establishment and cross-border services Directive 2006/123/EC Article 31 EEA Article
More informationDelegations will find attached a set of Presidency drafting suggestions concerning Articles 1-3 of the above proposal, as well as the Recitals.
COUNCIL OF THE EUROPEAN UNION Brussels, 11 February 2010 6092/10 Interinstitutional File: 2008/0140 (CNS) SOC 75 JAI 108 MI 39 NOTE from : The Presidency to : The Working Party on Social Questions on :
More informationJUDGMENT OF THE COURT 28 September 2015
JUDGMENT OF THE COURT 28 September 2015 (Failure by an EFTA State to fulfil its obligations Freedom to provide services Directive 2006/123/EC on services in the internal market Local authorisation requirement
More informationEUROPEAN COMMISSION HIGH LEVEL PROCESS OF REFLECTION ON PATIENT MOBILITY AND HEALTHCARE
EUROPEAN COMMISSION HIGH LEVEL PROCESS OF REFLECTION ON PATIENT MOBILITY AND HEALTHCARE DEVELOPMENTS IN THE EUROPEAN UNION Document: Meeting of the high level process of reflection on patient mobility
More information16636/5/14 REV 5 MN/FC/ra DGD 2
Council of the European Union Brussels, 17 March 2015 (OR. en) Interinstitutional File: 2012/0360 (COD) 16636/5/14 REV 5 LEGISLATIVE ACTS AND OTHER INSTRUMTS Subject: JUSTCIV 319 EJUSTICE 123 CODEC 2464
More informationPART EIGHT. Unemployment Benefit Chapter Six of Regulation 883/04
PART EIGHT Un Benefit Chapter Six of Regulation 883/04 1. INTRODUCTION 2. AGGREGATION 2.1 Determining the applicable legislation 2.2 Aggregation where the unemployed person resides and was lastly employed
More informationFreedom to Provide Services. Henriette Boecken
Freedom to Provide Services Henriette Boecken Table of Contents A. Freedom to Provide Services, Art. 56 TFEU B. Case: Bundesdruckerei vs. Stadt Dortmund C. Opinions on the Issue D. Situation in Germany
More informationIntroduction 3. Section 1 What are my rights as an EU citizen? 4
hh Contents Introduction 3 Section 1 What are my rights as an EU citizen? 4 Overview of the Directive on cross border healthcare 6 Background to the Directive 8 What does the Directive mean for you? 10
More informationHow To Know What Member State Legislation Applies To You
November 2012 2/40 Table of Content INTRODUCTION 5 Why do we need this guide? 5 The rules at a glance 5 PART I: POSTING OF WORKERS 6 1. Which social security system is applicable for employees temporarily
More informationSection 1: Development of the EU s competence in the field of police and judicial cooperation in criminal matters
CALL FOR EVIDENCE ON THE GOVERNMENT S REVIEW OF THE BALANCE OF COMPETENCES BETWEEN THE UNITED KINGDOM AND THE EUROPEAN UNION Police and Criminal Justice LEGAL ANNEX Section 1: Development of the EU s competence
More informationCOMMUNICATION FROM THE COMMISSION TO THE COUNCIL, THE EUROPEAN PARLIAMENT AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE
EN EN EN EUROPEAN COMMISSION Brussels, COM(2010) COMMUNICATION FROM THE COMMISSION TO THE COUNCIL, THE EUROPEAN PARLIAMENT AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE Removing cross-border tax obstacles
More informationCOUNCIL OF THE EUROPEAN UNION. Brussels, 2 May 2011 9564/11. Interinstitutional File: 2010/0210 (COD)
COUNCIL OF THE EUROPEAN UNION Brussels, 2 May 2011 Interinstitutional File: 2010/0210 (COD) 9564/11 SOC 372 MIGR 99 CODEC 714 DRS 64 WTO 187 SERVICES 66 NOTE from: Council General Secretariat to: Delegations
More informationSummary of replies to the public consultation on crossborder inheritance tax obstacles within the EU and possible solutions
EUROPEAN COMMISSION DIRECTORATE-GENERAL TAXATION AND CUSTOMS UNION ANALYSES AND TAX POLICIES Direct tax policy & co-operation Brussels, Summary of replies to the public consultation on crossborder inheritance
More informationThink Tank Report 2009
Think Tank Report 2009 Healthcare for Pensioners Authors: Simon ROBERTS (ed.) Bernd SCHULTE (ed.) Carlos García de CORTAZAR Teodoras MEDAISKIS Herwig VERSCHUEREN Training and Reporting on European Social
More informationAt its meeting held on 11 and 12 February 2004 the Working Party completed the third reading of the above Proposal.
Conseil UE COUNCIL OF THE EUROPEAN UNION Brussels, 25 February 2004 PUBLIC Interinstitutional File: 2002/0242 (CNS) DOCUMT PARTIALLY ACCESSIBLE TO THE PUBLIC 6681/04 LIMITE MIGR 10 OUTCOME OF PROCEEDINGS
More informationThe Århus Convention by Jens Hamer, ERA
The Århus Convention by Jens Hamer, ERA I. Introduction This dossier deals with the so called Århus Convention, an international environmental treaty aiming at involving citizens in the environmental decision
More informationInternational Tax Alert
Global Insights A Review of Key Regulatory Issues Impacting International Tax Practices European Union: German dividend withholding tax violates the principle of free movement of capital (ECJ, October
More informationPublic Consultation Paper: Payment Accounts Directive. Department of Finance. July 2015
DIRECTIVE ON PAYMENT ACCOUNTS Public Consultation July 2015 Public Consultation Paper: Payment Accounts Directive Department of Finance July 2015 Department of Finance Government Buildings, Upper Merrion
More informationProposal for a COUNCIL REGULATION (EU) implementing enhanced cooperation in the area of the law applicable to divorce and legal separation
EUROPEAN COMMISSION Proposal for a Brussels, 24.3.2010 COM(2010) 105 final 2010/0067 (CNS) C7-0315/10 COUNCIL REGULATION (EU) implementing enhanced cooperation in the area of the law applicable to divorce
More informationQuantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States.
The Legal Helpdesk Support Schemes and Free Movement Law An overview over the latest developments Dr. Dörte Fouquet, Rechtsanwältin, Partner, BBH Jana Viktoria Nysten, LL.M., Advocaat, Attorney at law,
More informationYour rights as a mobile student
in EUROPE http://europa.eu/youthonthemove Your rights as a mobile student A Guide to the Rights of Mobile Students in the European Union Europe Direct is a service to help you find answers to your questions
More informationCOMMISSION OF THE EUROPEAN COMMUNITIES. Proposal for a RECOMMENDATION OF THE COUNCIL AND OF THE EUROPEAN PARLIAMENT
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 12.10.2004 COM(2004) 642 final 2004/0239 (COD) Proposal for a RECOMMENDATION OF THE COUNCIL AND OF THE EUROPEAN PARLIAMENT on further European cooperation
More informationANNEX VI { 1 } SOCIAL SECURITY
12.12.2015 - EEA AGREEMENT - ANNEX VI p. 1 ANNEX VI { 1 } SOCIAL SECURITY INTRODUCTION When the acts referred to in this Annex contain notions or refer to procedures which are specific to the Community
More informationEuropean Council Brussels, 2 February 2016 (OR. en)
European Council Brussels, 2 February 2016 (OR. en) EUCO 4/16 NOTE To: Subject: Delegations Draft Decision of the Heads of State or Government, meeting within the European Council, concerning a New Settlement
More informationThe interface between the NHS and private treatment: a practical guide for doctors in Scotland
The interface between the NHS and private treatment: a practical guide for doctors in Scotland Guidance from the BMA Medical Ethics Department September 2009 Introduction General principles Issues for
More informationPUBLIC PROCUREMENT CONTRACTS
PUBLIC PROCUREMENT CONTRACTS Public authorities conclude contracts to ensure the supply of works and delivery of services. These contracts, concluded in exchange for remuneration with one or more operators,
More information16525/1/12 REV 1 GS/np 1 DG D 2B
COUNCIL OF THE EUROPEAN UNION Brussels, 3 December 2012 Interinstitutional File: 2012/0011 (COD) 16525/1/12 REV 1 DATAPROTECT 132 JAI 819 DAPIX 145 MI 753 FREMP 141 DRS 131 CODEC 2744 NOTE from: Presidency
More informationThe coordination of healthcare in Europe
The coordination of healthcare in Europe Rights of insured persons and their family members under Regulations (EC) No 883/2004 and (EC) No 987/2009 Social Europe European Commission The coordination of
More informationDirective 2009/81/EC on the award of contracts in the fields of defence and security. Guidance Note Security of Supply
Directive 2009/81/EC on the award of contracts in the fields of defence and security Guidance Note Security of Supply Directorate General Internal Market and Services 1) Introduction 1. In general terms,
More informationFree movement of workers: the role of Directive 2014/54/EU in tackling current and future challenges
Free movement of workers: the role of Directive 2014/54/EU in tackling current and future challenges Prof Herwig VERSCHUEREN University of Antwerp Paris, 8 December 2015 Overview EU legal landscape Added
More informationStatement of Guidance
Statement of Guidance Internal Audit Unrestricted Trust Companies 1. Statement of Objectives 1.1. To provide specific guidance on Internal Audit Functions as called for in section 3.6 of the Statement
More informationOfficial Journal C 323 A. of the European Union. Information and Notices. Announcements. Volume 58. 1 October 2015. English edition.
Official Journal of the European Union C 323 A English edition Information and Notices Volume 58 1 October 2015 Contents V Announcements ADMINISTRATIVE PROCEDURES European Insurance and Occupational Pensions
More informationProposal for a COUNCIL DECISION
EUROPEAN COMMISSION Strasbourg, 15.12.2015 COM(2015) 677 final 2015/0314 (NLE) Proposal for a COUNCIL DECISION establishing provisional measures in the area of international protection for the benefit
More informationPART IV: SECTOR SPECIFIC RULES. State aid for films and other audiovisual works 1. ( 2014 Film and Audiovisual Guidelines ) CONSOLIDATED VERSION*
Page 1 PART IV: SECTOR SPECIFIC RULES State aid for films and other audiovisual works 1 ( 2014 Film and Audiovisual Guidelines ) CONSOLIDATED VERSION* 1. Introduction (1) Audiovisual works, particularly
More informationCABINET OFFICE THE CIVIL SERVICE NATIONALITY RULES
ANNEX A CABINET OFFICE THE CIVIL SERVICE NATIONALITY RULES Introduction The Civil Service Nationality Rules concern eligibility for employment in the Civil Service on the grounds of nationality and must
More informationTHE PRINCIPLE OF SUBSIDIARITY
THE PRINCIPLE OF SUBSIDIARITY In areas which do not fall within the Union s exclusive competence, the principle of subsidiarity, laid down in the Treaty on European Union, defines the circumstances in
More informationLiving and Working in Austria. 1 l Income tax in Austria 2 l Social Security in Austria 3 l Residence And Work Permits in Austria
Tax l Accounting l Audit l Advisory Living and Working in Austria 1 l Income tax in Austria 2 l Social Security in Austria 3 l Residence And Work Permits in Austria We are pleased to present you in our
More informationLIMITE EN COUNCIL OF THE EUROPEAN UNION. Brussels, 13 July 2012. 12202/12 Interinstitutional File: 2008/0243 (COD) LIMITE ASILE 102 CODEC 1839
COUNCIL OF THE EUROPEAN UNION Brussels, 13 July 2012 12202/12 Interinstitutional File: 2008/0243 (COD) LIMITE ASILE 102 CODEC 1839 NOTE from: Presidency to Permanent Representatives Committee (Part II)
More informationBrief Summary on the Philippine B bilateral Air Services Agreement
EUROPEAN COMMISSION Brussels, 27.5.2016 COM(2016) 303 final 2016/0156 (NLE) Proposal for a COUNCIL DECISION on the conclusion of the Agreement between the European Union and the Government of the Republic
More informationThis document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
2004R0550 EN 04.12.2009 001.001 1 This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents B REGULATION (EC) No 550/2004 OF THE EUROPEAN PARLIAMENT
More informationMessage 791 Communication from the Commission - SG(2012) D/50777 Directive 98/34/EC Notification: 2011/0188/D
Message 791 Communication from the Commission - SG(2012) D/50777 Directive 98/34/EC Notification: 2011/0188/D Reaction of the Commission to the response of a Member State notifying a draft regarding a
More informationCouncil of the European Union Brussels, 12 September 2014 (OR. en)
Council of the European Union Brussels, 12 September 2014 (OR. en) Interinstitutional File: 2013/0409 (COD) 13132/14 NOTE From: To: Presidency DROIPEN 104 COPEN 218 CODEC 1799 Working Party on Substantive
More informationCOMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS
EUROPEAN COMMISSION Brussels, 20.12.2011 COM(2011) 900 final COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE
More informationOfficial Journal of the European Union
L 132/32 COMMISSION IMPLEMTING REGULATION (EU) No 447/2014 of 2 May 2014 on the specific rules for implementing Regulation (EU) No 231/2014 of the European Parliament and of the Council establishing an
More information(Legislative acts) DIRECTIVES
6.11.2013 Official Journal of the European Union L 294/1 I (Legislative acts) DIRECTIVES DIRECTIVE 2013/48/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 22 October 2013 on the right of access to
More informationThe Commission proposal is in the left column, our suggestions in the right column. Recital 46. deleted
EDRi amendments on the proposed Regulation laying down measures concerning the European single market for electronic communications and to achieve a Connected Continent, and amending Directives 2002/20/EC,
More informationREDUCTION OF BUREAUCRATIC BARRIERS FOR SUCCESSFUL PV DEPLOYMENT IN THE EU KEY RECOMMENDATIONS
REDUCTION OF BUREAUCRATIC BARRIERS FOR SUCCESSFUL PV DEPLOYMENT IN THE EU KEY RECOMMENDATIONS September 2011 THE PV LEGAL PROJECT Many countries have already recognised the potential of solar energy and
More information2013/14 Choice Framework
2013/14 Choice Framework April 2013 2013/14 Choice Framework Prepared by the Department of Health April 2013 Contents My NHS care: what choices do I have?... 2 Choosing your care and treatment... 3 Choosing
More informationThink Tank Report 2010
Think Tank Report 2010 Healthcare provided during a temporary stay in another Member State to persons who do not fulfil conditions for statutory health insurance coverage Authors: Jean-Philippe LHERNOULD
More informationProposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
EUROPEAN COMMISSION Brussels, 9.12.2015 COM(2015) 627 final 2015/0284 (COD) Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on ensuring the cross-border portability of online content
More informationCOUNCIL OF THE EUROPEAN UNION. Brussels, 25 June 2004. 10865/04 Interinstitutional File: 2004/0001 (COD)
COUNCIL OF THE EUROPEAN UNION Brussels, 25 June 2004 10865/04 Interinstitutional File: 2004/0001 (COD) COMPET 106 ETS 45 SOC 323 JUSTCIV 94 CODEC 850 NOTE from: Commission Services to: Working Party on
More informationIn a landmark decision for companies operating in
Dutch Exit Tax Rules Challenged in National Grid Indus by Tom O Shea Tom O Shea is the academic director of the Master s in Taxation program at the Institute of Advanced Legal Studies at the University
More information(Legislative acts) REGULATIONS
28.8.2014 Official Journal of the European Union L 257/1 I (Legislative acts) REGULATIONS REGULATION (EU) No 909/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 July 2014 on improving securities
More informationEUCERD RECOMMENDATIONS QUALITY CRITERIA FOR CENTRES OF EXPERTISE FOR RARE DISEASES IN MEMBER STATES
EUCERD RECOMMENDATIONS QUALITY CRITERIA FOR CENTRES OF EXPERTISE FOR RARE DISEASES IN MEMBER STATES 24 OCTOBER 2011 INTRODUCTION 1. THE EUROPEAN CONTEXT Centres of expertise (CE) and European Reference
More informationOfficial Journal of the European Communities DIRECTIVE 98/10/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL. of 26 February 1998
L 101/24 EN Official Journal of the European Communities 1.4.98 DIRECTIVE 98/10/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 26 February 1998 on the application of open network provision (ONP) to
More informationDelegations will find below the final compromise text on the abovementioned Commission proposal, as a result of the Trilogue of 30 June 2015
Council of the European Union Brussels, 16 July 2015 (OR. en) Interinstitutional File: 2012/0175 (COD) 10747/15 NOTE From: ECOFIN 598 CODEC 1034 SURE 21 EF 142 Presidency/General Secretariat of the Council
More informationFRENCH INSURANCE LAW BRIEFING
FRENCH INSURANCE LAW BRIEFING April 2008 Implementation of the Gender Equality Directive into French insurance law Background The Gender Equality Directive, adopted in 2004, includes provisions of vital
More informationCOMMISSION OF THE EUROPEAN COMMUNITIES GREEN PAPER
EN EN EN COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 11.11.2009 COM(2009) 624 final GREEN PAPER on obtaining evidence in criminal matters from one Member State to another and securing its admissibility
More information15414/14 ADD 1 AVI/abs 1 DG D 2A
Council of the European Union Brussels, 20 November 2014 Interinstitutional File: 2012/0360 (COD) 15414/14 ADD 1 JUSTCIV 285 EJUSTICE 109 CODEC 2225 ADDENDUM TO NOTE From : Presidency To : Coreper/Council
More informationE U R O P E A N E C O N O M I C A R E A
E U R O P E A N E C O N O M I C A R E A S T A N D I N G C O M M I T T E E O F T H E E F T A S T A T E S Distribution: EEA EFTA 20 March 2012 SUBCOMMITTEE I ON THE FREE MOVEMENT OF GOODS EEA EFTA Comment
More informationCOUNCIL OF THE EUROPEAN UNION. Brussels, 15 April 2010. 8173/10 Interinstitutional File: 2008/0140 (CNS) SOC 240 JAI 270 MI 94
COUNCIL OF THE EUROPEAN UNION Brussels, 15 April 2010 8173/10 Interinstitutional File: 2008/0140 (CNS) SOC 240 JAI 270 MI 94 NOTE from : The Presidency to : The Working Party on Social Questions No. prev.
More informationHow To Ensure That A Public Sector Job Is Available To All Eu Citizens
Free Movement of European Union Citizens and Employment in the Public Sector Current Issues and State of Play Part I General Report Report for the European Commission by Jacques Ziller Professor of European
More informationA Common European Asylum System. Home Affairs
A Common European Asylum System Home Affairs Europe Direct is a service to help you find answers to your questions about the European Union. Freephone number (*): 00 800 6 7 8 9 10 11 (*) The information
More informationPUBLIC COU CIL OF THE EUROPEA U IO. Brussels, 30 June 2005 (05.07) (OR. fr) 10748/05 LIMITE JUR 291 JUSTCIV 130 CODEC 579
Conseil UE COU CIL OF THE EUROPEA U IO Brussels, 30 June 2005 (05.07) (OR. fr) PUBLIC 10748/05 LIMITE 291 JUSTCIV 130 CODEC 579 OPI IO OF THE LEGAL SERVICE Subject : Proposal for a Regulation of the European
More informationCode of conduct and ethics for the private security sector
Code of conduct and ethics for the private security sector I. What is the purpose of a code of conduct and ethics in the sector? The private security sector in the European Union comprises almost 10,000
More information16993/14 MC/mvk 1 DG D 2B
Council of the European Union Brussels, 18 December 2014 (OR. en) Interinstitutional File: 2013/0255 (APP) 16993/14 EPPO 78 EUROJUST 221 CATS 209 FIN 1006 COP 318 GAF 68 NOTE From: To: Subject: Presidency
More informationThe EU Democratic Governance Pact
The EU Democratic Governance Pact Upholding the Rule of law and Fundamental Rights ALDE initiative outline The EU Democratic Governance Pact Upholding the Rule of law and Fundamental Rights ALDE initiative
More informationEducation and Training Committee, 10 March 2011. Professional indemnity insurance. Executive summary and recommendations.
Education and Training Committee, 10 March 2011 Professional indemnity insurance Executive summary and recommendations Introduction This paper appeared as a paper to note at the Council meeting on 10 February
More informationProposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
Proposal for a 2012/0180 (COD) DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on collective management of copyright and related rights and multi-territorial licensing of rights in musical works
More informationAid to make good the damage caused by natural disasters (Article 107(2)(b) TFEU) Checklist for Member States
EUROPEAN COMMISSION Competition DG Aid to make good the damage caused by natural disasters (Article 107(2)(b) TFEU) Checklist for Member States Document version: October 2013 Article 107(2)(b) of the Treaty
More informationTHE WESTERN BALKANS LEGAL BASIS OBJECTIVES BACKGROUND INSTRUMENTS
THE WESTERN BALKANS The EU has developed a policy to support the gradual integration of the Western Balkan countries with the Union. On 1 July 2013, Croatia became the first of the seven countries to join,
More information