Las prestaciones sanitarias en el Derecho de la Unión Europea
Healthcare has a hybrid legal nature given the two components inherited from its historical background: a “professional” component, stemming from the system of mandatory social insurance implemented by BISMARCK, origin of the social security systems that include healthcare as part of the coverage th...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2016
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6295121 |
| Source: | DS : Derecho y salud, ISSN 1133-7400, Vol. 26, Nº. 1, 2016 (Ejemplar dedicado a: XXV Congreso 2016: El avance de las Ciencias de la Salud y las incertidumbres del Derecho), pags. 403-417 |
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| Summary: |
Healthcare has a hybrid legal nature given the
two components inherited from its historical background:
a “professional” component, stemming from
the system of mandatory social insurance implemented
by BISMARCK, origin of the social security systems
that include healthcare as part of the coverage
that they offer; and an “universal” component, inspired
by the BEVERIDGE Report, based on providing
all individuals with the same, homogeneous healthcare
when they need it.
Healthcare’s two characteristic attributes not
only affect how its legal nature is defined, but also
which legal regime is applied to it; healthcare continues
to be based on a model of social insurance
dispensed by social security systems, but it co-exists
with the (newer) universal model created on the basis
of the right to health insurance. The regulations that
will ultimately be applied in a European Union context
will depend on these co-existing elements. That
is precisely what this work will analyse, supported by
the case law of the ECJ. |
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