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Our right to health


🇬🇧
In English
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Lena Larsen


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[Front]


EU integration has started with economic integration in order to safeguard peace.
[Back]


true, this was the Coal and Steel Community]

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75 questions
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EU integration has comprised human rights right from the beginning.
Wrong, not only at a later stage, first via ECJ case-law, later also via the EU Charter of Fundamental Rights
Patient mobility differs from human rights in the sense that only the first but not the latter was first shaped by individuals enforcing their rights in front of national courts (together with the European Court of Justice).
Wrong, both topics have been shaped by the ECJ, paving the way so to say; later patient mobility was codified in a Directive, i.e. EU secondary law adopted by the EP and the Council of Ministers, human rights have been codified in the Charter, i.e. EU primary law adopted by the Member States]
There are two ways how you can be affected by EU law, via EU directives and EU regulations adopted by the European Court of Justice, as well as via judgments delivered by the European Parliament and the Council of Ministers.
Wrong, the other way around, the ECJ makes judgments, the EP and the Council EU directives or regulations; but correct in the sense that there are two ways how you can be affected by EU law]
Harmonization is more far reaching than only coordination.
True, in the field of social security we only have coordination]
The fundamental freedoms (free movement rights) can be used to create new substantive rules of EU law, e.g. in the field of product liability, artificial intelligence, etc.
Wrong, these rules on product liability and AI are not adopted via these free movement rights on which individuals can rely to remove national barriers, but product liability and AI are regulated via the EU product liability directive and via the EU AI regulation, i.e. two examples of EU secondary law]
EU primary has to be changed by a majority of the EU Member States.
Wrong, while the Member States are involved, they have to decide by unanimity, which makes such changes so difficult or even impossible]
The EU has exclusive competence for human health.
Wrong, only a competence to support, coordinate or supplement]
The EU has exclusive competence for tourism.
Wrong, only a competence to support, coordinate or supplement]
The EU has exclusive competence for education.
Wrong, only a competence to support, coordinate or supplement]
The EU directive on patient mobility has addressed additional questions compared to the Court of Justice case-law that this directive strived to summarize.
True, the directive summarized all the information provided by the ECJ and also addressed issues which have not been addressed so far]
The Charter of Fundamental Rights and the European Convention of Human Rights basically provide for similar rights.
True, as mentioned there are some slight differences but they don’t matter for our course]
Non-discrimination is an important principle of EU law, however only in case of EU directives (i.e. harmonization of national law), but not in case of free movement rights (i.e. the EU’s fundamental freedoms).
Wrong, non-discrimination also applies to the latter field, as we have seen for the freedom to receive health services in another EU country]
EU free movement rights (the freedom of workers more precisely) protect against discrimination based on race in the field of employment.
Wrong, this is an EU directive, Directive 2000/43/EC more precisely; please note, you don’t need to know the years/numbers of these directives]
EU free movement rights protect against discrimination based on race in the field of education.
Wrong, this is an EU directive, Directive 2000/43/EC more precisely]
As attitudes of society have changed, soon Article 2 of the EU-Treaty will refer to gender (as a social concept) instead of sex (as a biological concept).
Wrong, this would require a change of EU primary law, and such a unanimous decision of all 27 EU Member States is not very likely
The two topics of patient mobility and AI (artificial intelligence) are similar in a sense that both examples can be seen as horizontal rules, i.e. applying to a broad range of topics.
Wrong, while this is the case for the EU AI regulation, the EU services directive applies for a broad range of topics, but not for health services, which were outsourced to a distinct EU directive on patients’ rights in cross-border healthcare
We talk about circumvention tourism if patients seek healthcare abroad because of quality, cost or long waiting lists.
Wrong, circumvention tourism refers to the situation where treatment is illegal in your home country, but legal elsewhere, and people go abroad because of these legal reasons]
Ethics is defined by a society in a bottom-up way and can differ in both time and place.
Wrong, this description refers to morality, ethics is defined by philosophy]
Uniformity, access to good quality care, equity, and solidarity are all EU health values.
Wrong, universality, not uniformity; true for the other ones]