VASEV, Nikolay, Karsten VRANGBAEK and Filip KŘEPELKA. The End of Eastern Territoriality? CJEU Compliance in the New Member States. Comparative European Politics. Palgrave Macmillan, 2017, vol. 15, No 3, p. 459-477. ISSN 1472-4790.
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Basic information
Original name The End of Eastern Territoriality? CJEU Compliance in the New Member States
Authors VASEV, Nikolay, Karsten VRANGBAEK and Filip KŘEPELKA.
Edition Comparative European Politics, Palgrave Macmillan, 2017, 1472-4790.
Other information
Original language English
Type of outcome Article in a journal
Field of Study 50500 5.5 Law
Country of publisher United Kingdom of Great Britain and Northern Ireland
Confidentiality degree is not subject to a state or trade secret
Organization Právnická fakulta – Repository – Repository
UT WoS 000401049800007
Keywords in English CJEU compliance; CJEU influence in the new member states; patient rights; forms of CJEU compliance
Changed by Changed by: RNDr. Daniel Jakubík, učo 139797. Changed: 18/5/2018 00:55.
Abstract
How does compliance with Court of Justice of the European Union (CJEU) rulings on patient mobility in the new Member States compare with the old Member States? Studying new Member States’ compliance practices would highlight the state of territoriality, the CJEU’s effective influence and the European healthcare union’s strength among the new Members. To provide a structured analysis and transferrable results, we compare Poland, the Czech Republic and Bulgaria with France and Germany. These countries are selected on the basis of commonalities in their systems’ organization. For the results for the old Member States, we rely on Obermaier’s 2009 ‘The End of Territoriality’. This study is qualitative in nature and relies mostly on qualitative semi-structured interviews with experts from ministries of health, health insurers and legal experts from all three countries. We distinguish between formal and informal compliance and based on this, we advance an analytical framework for a systematic study of CJEU compliance across the EU. Our findings produce a heterogeneous picture of these countries, with all three of them demonstrating different modes of compliance. This is because of distinct domestic conditions, ranging from insurance fund amenability and national court complaisance to state administration obstinacy.
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