Disparities in EU legal instruments regarding crossborder healthcare : A comparative study of Regulation 883/2004 and Directive 2011/24/EU and their potential effect on Union goals; especially the free movement provisions

Abstract: The statutory health care systems of EU member states show a lot of differences, e.g. in financing, reimbursing, availability, form of membership, etc. The European health insurance card gives EU citizens the possibility to see a doctor while abroad, extending their right from receiving emergency treatment to receiving full necessary treatment under the laws of the member state.  The scope of the insurance claim abroad is governed by the respective national law. This can result in a significantly higher cost sharing compared to the domestic situation. Depending on the country, this can include both fixed amounts (additional payments) and percentage shares of up to more than half of the costs.[1] While exercising the right to free movement EU citizens might need way more than emergency care, especially in relation to the rise of chronic diseases like diabetes etc. But quality treatment of patients residing abroad requires a seamless coordination of the member states’ health insurance systems. The access to member states health care systems is not seldomly tricky, in some cases it is even denied to nationals of the state. This thesis seeks to spot access difficulties in different member states asking for the question whether or not this might impede the EU’s free movement provisions.