Solidarity in EU Law
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Solidarity in EU Law

Legal Principle in the Making

Edited by Andrea Biondi, Eglė Dagilytė and Esin Küçük

The European Union has evolved from a purely economic organisation to a multi-faceted entity with political, social and human rights dimensions. This has created an environment in which the concept of solidarity is gaining a more substantial role in shaping the EU legal order. This book provides both a retrospective assessment and an outlook on the future possibilities of solidarity’s practical and theoretical meaning and legal enforcement in the ever-changing Union.
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Chapter 5: Solidarity and patient migration in the context of fundamental rights

Clemens M. Rieder

Abstract

So far cross-border movement of patients in the EU has taken place in the context of free movement law. This chapter is an attempt to conceptualise cross-border movement of patients in the context of human rights. The chapter examines in particular two issues: first, whether the EU Charter of Fundamental Rights (EU Charter) has the authority to make existing boundaries more permeable than the current framework, which is based on free movement law; and secondly, whether the EU Charter possesses the authority to redraw existing boundaries at all. Addressing these two questions is of particular importance in relation to solidarity: while the matter of boundary-permeability only has an impact on the degree of national solidarity, boundary-redrawing prescribes supranational solidarity.

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