EU Competition and Internal Market Law in the Healthcare Sector

World Competition

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All intra-EU transfers in euro are considered as domestic payments and bear the corresponding domestic transfer costs. The final stage of completely free movement of capital was thought to require a single currency and monetary policy , eliminating the transaction costs and fluctuations of currency exchange. Following a Report of the Delors Commission in , [69] the Treaty of Maastricht made economic and monetary union an objective, first by completing the internal market, second by creating a European System of Central Banks to co-ordinate common monetary policy, and third by locking exchange rates and introducing a single currency, the euro.

Today, 19 member states have adopted the euro , while 9 member states have either determined to opt-out or their accession has been delayed, particularly since the Eurozone crisis. According to TFEU articles and , the objective of the European Central Bank and other central banks ought to be price stability. This has been criticised for apparently being superior to the objective of full employment in the Treaty on European Union article 3. As well as creating rights for "workers" who generally lack bargaining power in the market, [71] the Treaty on the Functioning of the European Union also protects the "freedom of establishment" in article 49, and "freedom to provide services" in article This meant that a lawyer from Stuttgart , who had set up chambers in Milan and was censured by the Milan Bar Council for not having registered, should claim for breach of establishment freedom, rather than service freedom.

However, the requirements to be registered in Milan before being able to practice would be allowed if they were non-discriminatory, "justified by imperative requirements in the general interest" and proportionately applied. In Reyners v Belgium [77] the Court of Justice held that a refusal to admit a lawyer to the Belgian bar because he lacked Belgian nationality was unjustified.

TFEU article 49 says states are exempt from infringing others' freedom of establishment when they exercise "official authority", but this did an advocate's work [ clarification needed ] as opposed to a court's was not official. The UK did not need to justify its action, as rules on company seats were not yet harmonised. By contrast, in Centros Ltd v Erhversus-og Selkabssyrelsen the Court of Justice found that a UK limited company operating in Denmark could not be required to comply with Denmark's minimum share capital rules. The Court of Justice held that Denmark's minimum capital law infringed Centros Ltd's freedom of establishment and could not be justified, because a company in the UK could admittedly provide services in Denmark without being established there, and there were less restrictive means of achieving the aim of creditor protection.

Although restrictions on freedom of establishment could be justified by creditor protection, labour rights to participate in work, or the public interest in collecting taxes, denial of capacity went too far: This meant that the Hungarian authorities could prevent a company from shifting its central administration to Italy while it still operated and was incorporated in Hungary.

The "freedom to provide services" under TFEU article 56 applies to people who provide services "for remuneration", especially commercial or professional activity. The Dutch health authorities regarded the treatment unnecessary, so she argued this restricted the freedom of the German health clinic to provide services.

Several governments submitted that hospital services should not be regarded as economic, and should not fall within article But the Court of Justice held health was a "service" even though the government rather than the service recipient paid for the service. Josemans v Burgemeester van Maastricht held that the Netherlands' regulation of cannabis consumption, including the prohibitions by some municipalities on tourists but not Dutch nationals going to coffee shops , [99] fell outside article 56 altogether.

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The Court of Justice reasoned that narcotic drugs were controlled in all member states, and so this differed from other cases where prostitution or other quasi-legal activity was subject to restriction. If an activity does fall within article 56, a restriction can be justified under article 52 or over-riding requirements developed by the Court of Justice.

The Court of Justice held the Dutch prohibition pursued a legitimate aim to prevent "undesirable developments in securities trading" including protecting the consumer from aggressive sales tactics, thus maintaining confidence in the Dutch markets. It bought fake laser gun services from a UK firm called Pulsar Ltd, but residents had protested against "playing at killing" entertainment.

The Court of Justice held that the German constitutional value of human dignity , which underpinned the ban, did count as a justified restriction on freedom to provide services. In the Services Directive [] a group of justifications were codified in article 16 that the case law has developed. In May the Juncker Commission [] announced a plan to reverse the fragmentation of internet shopping and other online services by establishing a Single Digital Market that would cover digital services and goods from e-commerce to parcel delivery rates, uniform telecoms and copyright rules.

The free movement of persons means EU citizens can move freely between member states for whatever reason or without any reason and to reside in any member state they choose if they aren't an undue burden on social welfare system or public safety in their chosen member state. Broadly defined, this freedom enables citizens of one Member State to travel to another, to reside and to work there permanently or temporarily.

The idea behind EU legislation in this field is that citizens from other member states should be treated equally to domestic citizens — they should not be discriminated against. The main provision of the freedom of movement of persons is Article 45 of the TFEU, which prohibits restrictions on the basis of nationality. Since its foundation, the Treaties sought to enable people to pursue their life goals in any country through free movement. According to the Court of Justice , a "worker" is anybody who is economically active, which includes everyone in an employment relationship, "under the direction of another person" for "remuneration".

For example, in Steymann v Staatssecretaris van Justitie , a German man claimed the right to residence in the Netherlands, while he volunteered plumbing and household duties in the Bhagwan community, which provided for everyone's material needs irrespective of their contributions. Having "worker" status means protection against all forms of discrimination by governments, and employers, in access to employment, tax, and social security rights.

By contrast a citizen, who is "any person having the nationality of a Member State" TFEU article 20 1 , has rights to seek work, vote in local and European elections, but more restricted rights to claim social security. The Free Movement of Workers Regulation articles 1 to 7 set out the main provisions on equal treatment of workers.

First, articles 1 to 4 generally require that workers can take up employment, conclude contracts, and not suffer discrimination compared to nationals of the member state. In Groener v Minister for Education [] the Court of Justice accepted that a requirement to speak Gaelic to teach in a Dublin design college could be justified as part of the public policy of promoting the Irish language, but only if the measure was not disproportionate.

By contrast in Angonese v Cassa di Risparmio di Bolzano SpA [] a bank in Bolzano , Italy, was not allowed to require Mr Angonese to have a bilingual certificate that could only be obtained in Bolzano. The Court of Justice, giving "horizontal" direct effect to TFEU article 45, reasoned that people from other countries would have little chance of acquiring the certificate, and because it was "impossible to submit proof of the required linguistic knowledge by any other means", the measure was disproportionate. Second, article 7 2 requires equal treatment in respect of tax.

Although the tax was "likely to have a negative bearing on the decision of migrant workers to exercise their right to freedom of movement", because the charge applied equally to Austrians, in absence of EU legislation on the matter it had to be regarded as justified. In Hendrix v Employee Insurance Institute the Court of Justice held that a Dutch national was not entitled to continue receiving incapacity benefits when he moved to Belgium, because the benefit was "closely linked to the socio-economic situation" of the Netherlands.

Beyond the right of free movement to work, the EU has increasingly sought to guarantee rights of citizens, and rights simply by being a human being. Article 21 confers general rights to free movement in the EU and to reside freely within limits set by legislation. This applies for citizens and their immediate family members. First, article 4 of the Citizens Rights Directive says every citizen has the right to depart a member state with a valid passport. This has historical importance for central and eastern Europe, when the Soviet Union and the Berlin Wall denied its citizens the freedom to leave.

Schengen Area countries not the UK and Ireland abolished the need to show documents, and police searches at borders, altogether. These reflect the general principle of free movement in TFEU article Second, article 6 allows every citizen to stay three months in another member state, whether economically active or not.

European Single Market

Article 7 allows stays over three months with evidence of "sufficient resources Articles 16 and 17 give a right to permanent residence after 5 years without conditions. Third, TEU article 10 3 requires the right to vote in the local constituencies for the European Parliament wherever a citizen lives. Fourth, and more debated, article 24 requires that the longer an EU citizen stays in a host state, the more rights they have to access public and welfare services, on the basis of equal treatment.

This reflects general principles of equal treatment and citizenship in TFEU articles 18 and In a simple case, in Sala v Freistaat Bayern the Court of Justice held that a Spanish woman who had lived in Germany for 25 years and had a baby was entitled to child support , without the need for a residence permit, because Germans did not need one. Similarly, in R Bidar v London Borough of Ealing the Court of Justice held that it was lawful to require a French UCL economics student to have lived in the UK for three years before receiving a student loan, but not that he had to have additional "settled status".

Because she lived in Germany for over 3 months, but under 5 years, she had to show evidence of "sufficient resources", since the Court reasoned the right to equal treatment in article 24 within that time depended on lawful residence under article 7. In , limited controls were temporarily re-imposed at some internal borders in response to the migrant crisis.

In November , the German Ministry of Interior decided to subject flights from Greece to advanced checks, retracting from the Schengen Area processing by invoking Article 25 of the Schengen Agreement. Public procurement legislation [] and guidance, [] based on the four freedoms, require equal treatment, non-discrimination, mutual recognition, proportionality and transparency to be maintained when purchasing goods and services for EU public sector bodies.

Only EU's 28 member states are fully within the European Single Market, while several other countries have been granted various degrees of access to it. Stabilisation and Association Agreement states have a "comprehensive framework in place to move closer to the EU and to prepare for [their] future participation in the Single Market". Turkey has participated in the European Union—Turkey Customs Union since , which enables it to participate in the free movement of goods but not of agriculture or services, nor people with the EU.

Movement of people however, is in form of visa free regime for short stay travel, while movement of workers remains within the remit of the EU Member States. Since , the European Commission has been aiming to build a single market for energy. On 2 May the European Commission announced a package of measures intended to enhance the functioning of the Single Market within the EU: Britain's future relationship with the single market is unknown, following the UK's decision to withdraw from the EU.

In July , the Prime Minister Theresa May announced her intention that the UK will continue to participate in the single market [and thus the Four Freedoms] and customs union after "Brexit Day", until the end of the "transition period". The New Hanseatic League is a political grouping of economically like-minded northern European states, established in February , that is pushing for a more developed European Single Market, particularly in the services sector.

From Wikipedia, the free encyclopedia. Aim and Scope of the Book B.

Freely available

The Treaty Framework E. The Primary Law of the Internal Market: The Role of the Treaty Freedoms C. Secondary and More Recent Cases 4.

Establishment, Goods, and Capital B. The Services Directive C. The European Working Time Directive 6. The Rules on Pharmaceutical Products D.

The Rules on Medical Devices 7. The Patients' Rights Directive C. The Rules on Advertising of Pharmaceuticals D. The Cartel Prohibition D.

Abuse of Dominance E. EU and National Competition Rules 9. The Concept of State Aid D. Services of General Economic Interest Essays in Memory of John A. How the Chicago School Overshot the Mark. The Politics of Blood. Solidarity in Biomedicine and Beyond. Property in the Body.

Sanctions in EU Competition Law. Dr R Ian McEwin.

Competition and Trade Policies. State and Market in European Union Law. State Aid and the Energy Sector. Coherence in EU Competition Law. How to write a great review. The review must be at least 50 characters long. The title should be at least 4 characters long. Your display name should be at least 2 characters long. At Kobo, we try to ensure that published reviews do not contain rude or profane language, spoilers, or any of our reviewer's personal information. You submitted the following rating and review.

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