Patient's right to cross-border healthcare when effective hospital treatment is available in the patient’s Member State but the method of treatment used is against the patient’s religious beliefs

On October 29, 2020, the Court of Justice of the European Union delivered a judgment in Case A v. Ministry of Health, No. C-243/19. Court of Justice of the European Union in that judgment analysed significant legal issues relevant to Latvia. Therefore the aim of the study is to analyse the main proceedings about patient's right to cross-border healthcare when effective hospital treatment is available in the patient’s Member State but the method of treatment used is against the patient’s religious beliefs. The methods of legal interpretation and scientifical research methods such as descriptive, analytical and deductive are used in the study. In the study, firstly, European Union and national legal framework and scientific literature in the field of patient's rights to receive cross-border healthcare have been analysed. Secondly, facts of the main proceedings in national court cases have been analysed. Thirdly, the judgment case of the Court of Justice of the European Union has been analysed. Fourthly, the judgement case of the Senate of the Supreme Court of the Republic of Latvia and the following judgement case of the Regional Administrative Court of the Republic of Latvia have been analysed. The results of the study that will be presented at the conference shows that the national court's legal analysis (District Administrative Court and Regional Administrative Court) of the main proceedings was not only contradictory but also legally incomplete – the courts did insufficient European Union law analysis of the main proceedings. Based on the judgement in the case A v. Ministry of Health, No. C-243/19 delivered by the Court of Justice of the European Union Latvia's public authorities and courts have the opportunity to improve hereafter the comprehension and legal action in the field of patient’s rights to cross-border healthcare related to patient’s religious belief.