CYIL vol. 12 (2021)

Jindřich Psutka CYIL 12 (2021) Region and the South Bohemian Region, in the Federal Republic of Germany the Free State of Saxony and the Free State of Bavaria. It applies to all persons (ie everyone) who are in this border area if they need the provision of emergency medical services. A situation where the Czech, resp. German ambulance service to intervene in the territory of the other contracting state, there will certainly be a considerable amount with such a broad territorial and personal delimitation of the scope of the Framework Agreement. It is the mechanism for activating cross-border cooperation provided by the Treaty that limits the scope of this cooperation and limits it only to cases where the requesting Contracting Party is standing in its territory and needs it. The above conclusions are clear, for example, from the text of the preamble to the Cooperation Agreement. According to her, the aim of cross-border cooperation in the field of emergency medical services is: “… Facilitation of cross-border emergency hospital care and mutual assistance in the intervention of outreach groups in situations where these services cannot be provided by the State‘s own emergency medical service.“ It is explicitly added that: „The fulfillment of the obligation to provide assistance, which is prescribed by the legislation of the given country, must be ensured by the emergency medical service of the given area”. Pursuant to Article 3 of the Cooperation Agreement, the requesting Contracting Party shall request the intervention of the outgoing group of the requested Contracting Party, regardless of the patient‘s nationality, only if it cannot provide pre-hospital emergency care itself at the place of intervention itself . 19 Last but not least, Article 1 (2) of the Cooperation Agreement follows an obvious effort to limit the scope of cooperation, according to which the intervention of outreach groups usually concerns a defined area of 5 km from both sides along the common state border and this arrangement. For the sake of completeness, it should be noted that cross-border cooperation is activated, and the use of other rules is intended, which are intended to facilitate the cross-border operation of the emergency medical service according to the Framework Agreement. This will involve, for example, exempting members of tour groups from the obligation to carry a valid travel document when entering the territory of the other Contracting Party [Article 6 (1) of the Framework Agreement]. Only in the case of the intervention of an outreach group under the Framework Agreement do the vehicles of the ambulance service of one Contracting Party have the same special rights and the right of priority as the intervention vehicles in the home state [Article 7 (1) of the Framework Agreement]. The same applies to exemptions from tolls [Article 7 (3) of the Framework Agreement] or to the mutual recognition of technical and driving licenses, driving licenses, etc. [Article 7 (4) of the Framework Agreement]. Only if activation of cooperation applies with regard to the expected reciprocity of assistance, the agreed gratuitousness of assistance [Article 7 (2) of the Cooperation Agreement], etc. 19 In this context, it is possible to recall the context of European Union supranational law guaranteeing the right of patients to the right to health care covered by social security systems within the mobility of free movement of persons, goods and services, while the patient should not receive medical care abroad if appropriate and reputable care available on the territory of the state of residence, resp. place of usual residence. When providing health care, it is therefore not possible to take into account only citizenship – a citizen of the Czech Republic or Germany – but also the place of its so-called center of interest, as provided for in Article 11 of Implementing Regulation No. 987/2009 in connection with Article 1 (3) letter j) Regulation of the European Parliament and of the Council on social security coordination, No. 883/2004. The implementation of the right to health protection is further regulated, within the competences of the Member States, by the Directive on the application of patients‘ rights in cross-border healthcare 2011/24 / EU.

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