EXPLORING THE RESEARCH PROBLEM

I was sitting in the plenary session of the European Parliament (EP) in Strasbourg on 19 January 2011 when it approved by a large majority its legislative resolution on the Council position at first reading with a view to the adoption of a directive on the application of patients’ rights in cross-border healthcare. The success was celebrated and the new piece of legislation was welcomed as a game-changer in the domain of cross-border patient mobility. Whether it really is, that is a question I intend to answer in this book.

Data are hard to argue with. It is true that cross-border patient mobility is often stigmatised as marginal in terms of the aggregate volume of patients and healthcare costs related. In most cases, obtaining medical treatment in a Member State other than the Member State of residence is considered as an ultima ratio by patients. Several studies have shown that European patients prefer to be treated as close as possible to their place of residence. Nevertheless, crossborder patient movements are considered ‘non-marginal for certain pathologies and/or geographical areas in particular countries’. They are highly significant especially in border regions, for smaller Member States, for rare diseases, and in areas that attract a large number of tourists. Furthermore, the overall willingness to travel for healthcare seems to have increased in recent years.

At the same time, many patients still lack efficient and reliable information on their cross-border health rights, which prevents them from using these rights which they are entitled to under Union law. Although the prioritisation of the Member State of residence is not surprising, in certain cases, receiving healthcare abroad proves to be not only desirable and feasible, but also inevitable. Therefore, providing European patients with a coherent, clear and logical legal framework, which enables them to claim their right to cross-border patient mobility when in need, is of great importance.