CYIL vol. 12 (2021)
CYIL 12 (2021) The impact of the adoption of the Framework Agreement… the EU (TFEU), which recognizes in EU action the responsibility of the Member States for the definition of their health policy and for the organization and delivery of health services and medical care. The independent organization of health care, different models and the level of its financing, as well as the often very different form of health care providers and the conditions under which they operate, mean that the form of health care in each country of the European Union retains its distinctive national character. The different form and level of health care in individual European countries was also reflected, for example, in the context of the Sars-CoV-2 pandemic. Within it, significant differences in the form of health care providers in individual countries of the European Union, in the density of the network of their health care facilities, the number of hospital beds, including intensive care beds, etc., were clearly shown. With some simplification, it is therefore possible to say that every citizen of a European Union has the possibility of free movement within the territory of the European Union and also has the right to be a recipient of healthcare in each Member State. However, the form of this care, its organization and its level will, in principle, be governed by national rules. This also follows from the wording of Article 4 of 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. Taking into account the principles of universality, access to quality care, justice and solidarity, cross-border healthcare shall be provided in accordance with the legislation of the Member State in whose territory the healthcare is provided. When providing healthcare, the standards and guidelines on quality and safety are set by the Member State of treatment. It must, of course, be complied with in accordance with European Union legislation on safety standards. However, it is clear that complete detachment of the health capacities of individual countries is not desirable in an increasingly interconnected European area. The biggest negatives of the national character of health care can be seen in the inefficiency and inefficiency of health care provided. These shortcomings are particularly pronounced in border areas, where medical capacities on both sides of the border are often doubled and thus often oversized. On the other hand, on the one hand, the capacity of health services is sufficient, while on the other hand, the borders are not, but the functional interconnection of both systems is lacking. These disparities are reflected in Article 168 (2) TFEU, which states: “The Union shall encourage cooperation between the Member States in the areas referred to in this Article and, if necessary, lend support to their action. In particular, it encourages cooperation between Member States to improve the complementarity of their health services in border areas.” 2 The deepening of cooperation, especially in the border area, also follows from the already mentioned Directive 2011/24 / EU of the European Parliament and of the Council of 9 March 2011 (cf. its Article 10 – Mutual Assistance and Cooperation). An example of such preferred closer cooperation between individual member states of the European Union in the field of emergency medical services is the Framework Agreement between theCzechRepublic and the Federal Republic of Germany on cross-border cooperation 2 It should be noted that the deepening of cooperation in this area is reflected in a number of regulations of secondary law – cf. eg Regulation (EC) No. 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems or implementing Regulation (EC) No. 987/2009 of the European Parliament and of the Council of 16 September 2009 or already mentioned Directive on the application of patients‘ rights in cross-border healthcare 2011/24 / EU. However, these regulations do not affect the form of the organization of health care.
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