The Application and Interpretation of the EU Charter in the Context of Cross-Border Movement of Patients

Cross-border movement of patients in the EU has been traditionally linked to and analyzed
from the perspective of the internal market. This article seeks to introduce human rights,
namely the European Convention on Human Rights and the EU Charter of Fundamental
Rights, into the discourse about migration of patients. The aim of this article is to address the
question – now that the EU Charter has become binding – whether the application of human
rights law in the context of cross-border movement of patients has the potential to deepen
integration in this emerging area of law. For patients this could mean that it becomes easier
to exit their home system and receive health care in another Member State, whereas for
Member States it would amount to a (further) reduction of their sovereignty in a sensitive
field.