Patient’s Right to Cross-border Healthcare when Effective Hospital Treatment Is Available in Patient’s Member State but Method of Treatment Used Is Against Patient’s Religious Beliefs

Research output: Contribution to journalArticlepeer-review

Abstract

In October 29th, 2020, the Court of Justice of the European Union delivered a judgment in case A. vs Ministry of Health, No C-243/19. The Court in the judgment analysed significant legal issues relevant to Latvia. Therefore, the aim of the article is to analyse the main proceedings about the 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 article also aims to analyse whether the principle of objective investigation and prohibition of legal obstruction by institutions
and courts in accordance with Administrative Procedure Law have been obeyed.
In the article, European Union and national legal framework and scientific literature in the field of patient’s right to receive cross-border healthcare have been analysed. Facts of main proceedings in national court cases and request to Court of Justice of the European Union for preliminary ruling from the Senate of the Supreme Court of the Republic of Latvia have been studied as well. Next, the Advocate General Gerard Hogan’s opinion and judgment of the Court of Justice of the European Union has been analysed. Further, the judgement of the Senate of the Supreme Court of the Republic of Latvia has been investigated. Upon concluding the article, the author draws attention to certain issues of national court’s legal analysis, which could be incompatible with the principle of objective investigation and prohibition of legal obstruction by institutions and courts.
Translated title of the contributionPatient’s Right to Cross-border Healthcare when Effective Hospital Treatment Is Available in Patient’s Member State but Method of Treatment Used Is Against Patient’s Religious Beliefs
Original languageLatvian
Pages (from-to)160-187
JournalSocrates
Issue number2
DOIs
Publication statusPublished - 2021

Keywords*

  • cross-border healthcare
  • freedom of religion
  • Jehovah’s Witnesses
  • patient
  • principle of objective investigation
  • prohibition of legal obstruction by institutions and courts

Field of Science*

  • 5.5 Law

Publication Type*

  • 1.2. Scientific article included in INT1 or INT2 category journal of ERIH database

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