Local view for "http://purl.org/linkedpolitics/eu/plenary/2008-01-15-Speech-2-050"
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"en.20080115.6.2-050"2
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".
Commissioner, there is no doubt that it is necessary to approve the technical changes that are proposed in the annexes to this regulation. By doing so we will harmonise the regulation with the new terminology in some countries. However, I would again like to point out that European legislation has already for several years contradicted the rulings of the European Court of Justice on more precise specifications of rules regarding the claims of patients to reimbursement for the cost of healthcare provided abroad. The contradiction is most marked with regard to hospital care and extends to all judgments: I would stress that it relates to all of them not just those cases where the Council has already achieved consensus. It is true that patients have their rights upheld if they turn to the European Court of Justice, but this legal status is not acceptable.
I would like to remind you again of the wasted opportunity to amend by an appropriate method the claims of insured persons when preparing the new, simplified Regulation (EC) No 883/2004. An opportunity to amend the principles set out by the European Court of Justice in the Services Directive, which came up two years later, was also wasted. Now another year has begun and we are making only technical, not conceptual changes. The new implementing regulation may solve this issue, but it does not look that it will solve all matters, because the Council did not agree on all issues. In addition, the situation may be complicated because DG SANCO is now presenting a proposal for a new directive on patient mobility. That is why the Council can expect controversial negotiations. One topic that causes controversy is the dispute over subsidies. We can also expect further delays as regards the establishment in law of the citizens’ right to have hospital care reimbursed. There are differences of opinion over the level of reimbursement and conditions of authorisation by an insurance company in one’s country of origin.
In my view, this situation is very undesirable from the point of view of legal certainty, accessibility and citizens’ understanding of the law. Some countries are solving the problem by not informing their citizens about the claims granted by the judgments of the European Court of Justice. I am convinced that it is necessary to solve this problem as quickly as possible by amend Regulation (EC) No 883/2004. We should not rely on the controversial new directive on mobility from DG SANCO to secure, without further delay, compliance with the judgments."@en1
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