Legal Principle in the Making
Edited by Andrea Biondi, Eglė Dagilytė and Esin Küçük
Chapter 5: Solidarity and patient migration in the context of fundamental rights
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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