Open AccessLÍMITES AL DERECHO DE ASISTENCIA SANITARIA TRANSFRONTERIZA Y PRINCIPIO DE PROPORCIONALIDAD TRAS LA SENTENCIA DEL TJUE DE 23 DE SEPTIEMBRE DE 2020.
Author(s) -
Belén del Mar López Insúa
Publication year - 2020
Publication title -
e-revista internacional de la protección social
Language(s) - English
Resource type - Journals
ISSN - 2445-3269
DOI - 10.12795/e-rips.2020.i02.17
Subject(s) - dignity , political science , right to health , member states , directive , democracy , european union , fundamental rights , subsidiarity , law , member state , law and economics , health care , public administration , sociology , human rights , business , politics , computer science , economic policy , programming language
Health protection is one of the fundamental pillars of the European Union and of the process of social-democratic constitutionalism. The achievement of a Community health care system is now more than ever one of the great challenges for the European community. In spite of these objectives, the European Union has adopted a logic that relies more on an interventionist model than on simple coordination, rather than on a harmonised system for all Member States. Unfortunately, this particular cooperative pluralism has made each of the Community countries competent and responsible for the coordination rules laid down by the Union. In this sense, Directive 2011/24/EU is set as the reference standard to guarantee the right of all European citizens to receive safe and quality healthcare, both in the public sphere and in the private sphere of another Member State. The aim is to guarantee the freedom of movement and movement of persons without damaging health. Today, the right to health care is a fundamental social right of a primary nature, which is linked to the right to life and dignity.