National Healthcare Planning and the Internal Market: A Conceptual View on the Impact of EU Law on Member States' Regulatory Autonomy in the Field of Healthcare

Abstract

Public healthcare is a fundamental task of welfare states. Its real character is ambiguous though as, on the one hand, healthcare is a cornerstone of social security while, on the other, it is an enormous economic sector. At the same time, maintenance of healthcare services constitutes one of the biggest financial burdens on public budgets and will remain so for the foreseeable future. In order to cope with this challenging subject matter, Member States have evolved a wealth of healthcare regulations. Considering the potential cross-border economic activity in the healthcare sector by patients and healthcare providers, the question of the compatibility of national healthcare planning with European Union Law arises. This article analyses how Member States' healthcare planning is both limited and preserved by European primary law and by the CJEU's case law. The study reveals a surprising result.