Hungarian Yearbook of International Law and European Law


Prior and Subsequent Authorization of Cross-Border Healthcare under Directive 2011/24/EU

The Significance of the WO Case for EU Law and for Hungarian Law

Keywords prior authorization, cross-border health care, WO, Torubarov, Directive 2011/24
Authors Éva Lukács Gellérné
Author's information

Éva Lukács Gellérné
Éva Lukács Gellérné: senior lecturer, ELTE Law School, Budapest.
  • Abstract

      The article deals with the specific issue of cross-border patient movements. It examines the feasibility of maintaining prior authorization schemes, which aim to ensure that only insured persons who have prior authorization are reimbursed for healthcare provided in another Member State. The focus is on Directive 2011/24/EU and the case law of the CJEU, in particular on the WO and Vas Megyei Kormányhivatal case. The article both describes the current legal developments and provides an insight into the internal Hungarian legal framework surrounding the still pending WO case. The article highlights the extreme complexity of the area where individuals might find it difficult to enforce their rights. The article argues that the case law of the CJEU has overstepped the formal condition of prior authorization and advocates for common interpretative rules at EU level which could facilitate the implementation of the notions stemming from the case law.

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