| EU integration has started with economic integration in order to safeguard peace. | true, this was the Coal and Steel Community] |
| 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] |
| In the field of social security, we have harmonization, not only coordination. | Wrong. Only 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] |
| The European Economic Area (EEA), closely links three of the EFTA countries (i.e. Norway, Iceland and Liechtenstein) to the EU. This applies both for the fundamental freedoms, as well as to harmonization of national law. | true] |
| The Council of Europe has a political and human rights dimension, the EU in addition also has an economic and a value related dimension. | true] |
| Switzerland is linked to the EU via bilateral agreements. | true] |
| Türkiye is also linked to the EU, but in this relationship, individuals enjoy less rights compared to the situation between EU Member States, and also less rights compared to the EU – Switzerland relationship. | true] |
| 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] |
| EU Secondary law has to be changed by the European Parliament and the Council of Ministers. | true] |
| The EU has exclusive competence for consumer protection. | wrong, only shared] |
| The EU has exclusive competence for environmental protection. | wrong, only shared] |
| The EU has exclusive competence for the internal market | wrong, only shared] |
| The EU has exclusive competence for common safety concerns in public health matters. | wrong, only shared] |
| 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] |
| EU regulations are adopted by EU institutions (European Parliament and Council of Ministers), but do not need to be implemented into national law. | true] |
| EU directives are adopted by EU institutions (European Parliament and Council of Ministers), and need to be implemented into national law. | true] |
| The freedom of services comprises the freedom to provide services, the freedom to receive services, and also the freedom to receive health services. | true] |
| Patient mobility was first decided in a case concerning dental treatment, nowadays we are discussing questions whether patients can get treatment in another country because they refuse treatment at home because of religious reasons. | true] |
| In patient mobility, the European Court of Justice has opted for the ‘international state-of-the-art’ in case there is some disagreement between the home country (Member State of affiliation) and the place of treatment (Member State of treatment) concerning the question whether treatment is seen as ‘experimental’ or as ‘normal’. | true, this was the Smits & Peerbooms case] |
| 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] |
| Patients have basically two possibilities to seek cross-border healthcare, the EU regulation (social security) and the EU Directive (patient mobility). | true] |
| 1. The EU regulation requires up-front payment (patients afterwards can seek reimbursement). | wrong, the Directive foresees up-front payments] |
| 2. In case of the EU directive patients are treated according to the legislation where services are provided (i.e. similar as local patients). | wrong, this is the case under the Regulation] |
| 3. The EU directive also applies to private health insurance (i.e. not state mandated), the EU regulation to both private and public health insurance. | wrong, none of them applies to private health insurance] |
| 4. The EU regulation applies for public health providers only, the EU directive for both private and public health providers. | true] |
| Human rights protect individuals against public authorities. | true] |
| At EU level, human rights can be found in the EU constitution (i.e. EU primary law), the Charter of Fundamental Rights more precisely. | true] |
| In Europe, we can also find human rights in the European Convention of Human Rights. | true] |
| The European Convention of Human Rights is a document of the Council of Europe, an international organization located in Brussels (cf. the video we have seen). | wrong, the Council of Europe can be found in Strasbourg] |
| 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] |
| Article 35 of the Charter of Fundamental Rights provides for more rights compared to national law. | wrong, because it refers to rights enshrined at national level] |
| Discrimination can be defined as follows: first possibility, if we have two comparable situations and they are treated differently, or (i.e. second possibility), if we have two different situations that are treated in the same way. | true] |
| For issues of discrimination, evidence (e.g. official statistics, such as Eurostat) can be important to provide an indication that allows to determine whether two situations are actually comparable or not. | true] |
| 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] |
| Non-discrimination can be qualified as an EU value (enshrined in Article 2 of the EU-Treaty), can also be found in human rights, and is a principle of EU law. | true] |
| 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 (the freedom of workers more precisely) protect against discrimination based on religion in the field of employment. | wrong, this is an EU directive, Directive 2000/78/EC more precisely] |
| EU free movement rights (the freedom of workers more precisely) protect against discrimination based on disability in the field of employment. | wrong, this is an EU directive, Directive 2000/78/EC more precisely] |
| EU free movement rights (the freedom of workers more precisely) protect against discrimination based on age in the field of employment. | wrong, this is an EU directive, Directive 2000/78/EC more precisely] |
| EU free movement rights (the freedom of workers more precisely) protect against discrimination based on sexual orientation in the field of employment. | wrong, this is an EU directive, Directive 2000/78/EC more precisely] |
| EU free movement rights (the freedom of workers more precisely) protect against discrimination based on sex in the field of employment. | wrong, this is an EU directive, Directive 2006/54/EC more precisely] |
| 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] |
| EU law is not transparent in the sense that you cannot access it (for example, EU directives or EU regulations) on the EU’s legal database (EUR-Lex), respectively have to pay for getting access, and, in addition, these documents are not available in all official languages. | all wrong, EU law is freely accessible, free of charge, and published in all 24 official languages; there are some exceptions for Irish/Gaelic, but I had not mentioned this in class] |
| Both the EU’s Court of Justice (located in Luxembourg) as well as the Council of Europe’s European Court of Human Rights (located in Strasbourg) are reluctant to impose their view on Member States of the EU respectively Contracting Parties of the Council of Europe, when dealing with sensitive topics. | true] |
| EU directives in the field of migration mainly only provide for access to emergency care and essential treatment of illness and of serious mental disorders. | true] |
| 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 |
| EU law forbids both forms of open (e.g., based on citizenship), as well as forms of disguised discrimination (e.g., residence, language) by using criteria that seem to be neutral, but in the end lead to (almost) the same result. | true |
| 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 |
| A difference in treatment (e.g. no access to Dutch coffee shops based on residence) can be qualified as an indirect discrimination, however can be justified by overriding reasons in the general interest (e.g. the objective of combating drug tourism and the accompanying public nuisance). | true, this is the principle and exception approach mentioned in our first session] |
| In this context, the principle of proportionality applies. The first question in this context addresses the issue of whether the measure is able to achieve to legitimate objective (i.e., whether appropriate), the second question addresses the issue of possible less restrictive measures (i.e., whether necessary). The latter question searches whether there are less restrictive alternative measures, which allow to achieve this legitimate objective, but do not go beyond what is necessary. | true] |
| 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] |
| The example of ‘Murder island’ was used to showcase which activities a country should sanction according to its criminal law, if committed in another country where this activity is legal. | true] |
| The example of ‘Murder island’ refers to the situation of a country applying its criminal law in an extra-territorial way (i.e. also outside its territory). | true] |
| If a country does not apply its law in an extra-territorial way (i.e. also outside its territory), then this could be seen as a safety-valve for the minority of people in a country that disagree with the decision taken by the majority in a country (i.e. the value of democracy), as they at least have the possibility to seek this treatment elsewhere, without being punished back home. | true] |
| EU Member States are mainly responsible for sensitive issues, like beginning- and end-of-life questions. | true] |
| Values have the advantage that they are quite concrete and therefore provide for clarification in specific fields. | no, most values are rather abstract] |
| Principles can pertain to the legal and or the ethical field and, in case of legal principles, can be legally binding. | true] |
| Values define a basic consensus of society, as whoever in a discussion goes beyond this consensus, enters a taboo area. | true] |
| 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] |
| Deontology focuses on the outcomes of a certain action. | wrong, this is consequentialism] |
| Utilitarianism focuses on the question if a certain action is intrinsically right or wrong. | wrong, this is deontology] |
| Virtue ethics focuses not on the action itself or its outcomes, but rather on the person acting, and her/his character traits. | true] |
| For virtue ethics, Aristotle has referred to the golden mean, i.e. an ideal situation between two negative extreme positions. | true] |
| The EU directive on patients’ rights in cross-border healthcare provides for various rights, however not if a certain treatment could be seen to undermine the fundamental ethical choices of the EU. | wrong, not of the EU, but of Member States] |
| Under the EU directive on patients’ rights in cross-border healthcare, the recognition of prescriptions from other Member States should not affect any professional or ethical duty that would require pharmacists to refuse to dispense the prescription. | true] |
| Uniformity, access to good quality care, equity, and solidarity are all EU health values. | wrong, universality, not uniformity; true for the other ones] |
| Quality, safety, care that is based on evidence and ethics, patient involvement, redress, privacy and confidentiality are all EU health principles. | true] |
| The 2006 Council Conclusions on EU health values and principles can be qualified as soft-law, but may help shape the interpretation of fundamental rights in the context of EU health law. | true] |
| As an EU health value, solidarity is closely linked to the financial arrangement of our national health systems and the need to ensure accessibility to all. | true] |
