« Previous | Contents | Next »
Listen
Introduction
1. This consultation document summarises the European Commission's proposal for a Directive on the application of patients' rights in cross-border healthcare. This legislation has become necessary following European Court of Justice rulings on patients' rights to access cross-border healthcare. The rights this Directive deals with are based on patients' right to treatment under the freedom to obtain services. The draft Directive will be subject to change through a process of negotiations both within and between the Council of the European Union and the European Parliament. A final Directive will then be adopted, which will come into force 20 days after publication in the Official Journal of the EU and must be transposed into UK legislation by the date specified in the Directive (currently one year after entry into force).
2. The Scottish Government is now seeking views to help inform the UK Government's negotiating position on particular questions raised by the Directive and to and to assess the impacts the proposed Directive could have on Scotland and the UK as a whole. Initial negotiations within the Council of the European Union have already started and Health Ministers are expected to discuss this draft Directive formally in mid-December. For this reason, Health Ministers throughout the UK have decided to consult until 3 December 2008, rather than the 12 weeks which is the normal expected duration of consultation periods.
3. The Department of Health had previously invited views on the European Commission's consultation document issued in 2006 1. The Scottish Government will also consult on draft legislation needed to implement this Directive once a final Directive is agreed.
« Previous | Contents | Next »