Rieder, Clemens M. --- "Solidarity and patient migration in the context of fundamental rights" [2018] ELECD 274; in Biondi, Andrea; Dagilytė, Eglė; Küçük, Esin (eds), "Solidarity in EU Law" (Edward Elgar Publishing, 2018) 91

Book Title: Solidarity in EU Law

Editor(s): Biondi, Andrea; Dagilytė, Eglė; Küçük, Esin

Publisher: Edward Elgar Publishing

ISBN: 9781783477777

Section: Chapter 5

Section Title: Solidarity and patient migration in the context of fundamental rights

Author(s): Rieder, Clemens M.

Number of pages: 23

Abstract/Description:

So far cross-border movement of patients in the EU has taken place in the context of free movement law. This chapter is an attempt to conceptualise cross-border movement of patients in the context of human rights. The chapter examines in particular two issues: first, whether the EU Charter of Fundamental Rights (EU Charter) has the authority to make existing boundaries more permeable than the current framework, which is based on free movement law; and secondly, whether the EU Charter possesses the authority to redraw existing boundaries at all. Addressing these two questions is of particular importance in relation to solidarity: while the matter of boundary-permeability only has an impact on the degree of national solidarity, boundary-redrawing prescribes supranational solidarity.