TY - JOUR

T1 - The End of Eastern Territoriality?

T2 - CJEU Compliance in the New Member States

AU - Vasev, Nikolay Rumenov

AU - Vrangbæk, Karsten

AU - Krepelka, Filip

PY - 2017

Y1 - 2017

N2 - How does compliance to the Court of Justice of the European Union (CJEU) rulings on patient mobility in the new Member States compare to the old Member States? Studying the new Member States’ compliance practices would highlight the state of territoriality, the CJEU’s effective influence and the European healthcare union’s strength in the new Members. In order to deliver a structured analysis and transferrable results, we compare Poland, the Czech Republic and Bulgaria with France and Germany. The countries are selected on the basis of the commonalities in their systems’ organization. For the results in the old Member States we rely on Obermaier’s 2009 “The End of Territoriality”. The study is qualitative in nature and relies mostly on qualitative semi-structured interviews with experts from ministries of health, health insurers and legal experts from all three countries. We distinguish between formal and informal compliance and based on this we advance an analytical framework for a systematic study of CJEU compliance across the EU. Our findings show a heterogeneous picture of the countries, with all three of them demonstrating different modes of compliance. This is due to distinct domestic conditions, ranging from insurance funds’ amenability, national courts’ complaisance and state administration’s obstinacy.

AB - How does compliance to the Court of Justice of the European Union (CJEU) rulings on patient mobility in the new Member States compare to the old Member States? Studying the new Member States’ compliance practices would highlight the state of territoriality, the CJEU’s effective influence and the European healthcare union’s strength in the new Members. In order to deliver a structured analysis and transferrable results, we compare Poland, the Czech Republic and Bulgaria with France and Germany. The countries are selected on the basis of the commonalities in their systems’ organization. For the results in the old Member States we rely on Obermaier’s 2009 “The End of Territoriality”. The study is qualitative in nature and relies mostly on qualitative semi-structured interviews with experts from ministries of health, health insurers and legal experts from all three countries. We distinguish between formal and informal compliance and based on this we advance an analytical framework for a systematic study of CJEU compliance across the EU. Our findings show a heterogeneous picture of the countries, with all three of them demonstrating different modes of compliance. This is due to distinct domestic conditions, ranging from insurance funds’ amenability, national courts’ complaisance and state administration’s obstinacy.

KW - Faculty of Social Sciences

KW - CJEU rulings compliance

KW - patient mobility

KW - Eastern European Member States

KW - European healthcare union

U2 - 10.1057/cep.2016.9

DO - 10.1057/cep.2016.9

M3 - Journal article

VL - 15

SP - 459

EP - 477

JO - Comparative European Politics

JF - Comparative European Politics

SN - 1472-4790

IS - 3

ER -