Case C-243/19 A v. Veselības ministrija
| DOI | 10.1177/1023263X211042465 |
| Published date | 01 December 2021 |
| Date | 01 December 2021 |
| Author | Jaan Paju |
| Subject Matter | Case Notes |
Case C-243/19 A v. Veselı
̄bas
ministrija
Jaan Paju
Abstract
The issue at stake in Case C-243/19 A v. Veselı
̄bas ministrija is whether a personal choice on the
part of a patient, based on religious beliefs, must be considered when assessing the need for
cross-border healthcare. The Court of Justice of the European Union holds that the Charter
of Fundamental Rights of the European Union is applicable and the right to freedom of religion
can be invoked, in addition to medical criteria. However, the sustainability of the healthcare
system can be an objective justification for refusal to grant authorisation for cross-border
healthcare. Furthermore, the case clarifies –to a certain extent –the parallel tracks for claim-
ing cross-border healthcare.
Keywords
Cross-border healthcare, Regulation (EC) No 883/2004, Directive 2011/24/EU, Charter of
Fundamental Rights of the European Union, difference in treatment based on religion
Introduction
The case deals with the right to planned cross-border healthcare. Such healthcare can be granted
under two instruments within EU law: Regulation 883/2004
1
and Directive 2011/24.
2
The issue
at stake in Case C-243/19 A v. Veselı
̄bas ministrija
3
is whether a person’s religious beliefs entitles
to healthcare in another Member State in a situation where the healthcare in the Member State of
affiliation does not offer healthcare in accordance with the person’s religious beliefs.
Associate Professor in European Law, Lecturer in Constitutional Law, Faculty of Law, Stockholm University
Corresponding author:
Jaan Paju Associate Professor in European Law, Lecturer in Constitutional Law, Faculty of Law, Stockholm University.
Email: jaan.paju@juridicum.su.se
1. Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April, 2004; on the coordination of
social security systems, [2004] OJ L 166.
2. Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’
rights in cross-border healthcare, [2011] OJ L 88.
3. Case C-243/19 A v. Veselı
̄bas ministrija, EU:C:2020:872.
Case Note
Maastricht Journal of European and
Comparative Law
2021, Vol. 28(6) 900–907
© The Author(s) 2021
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DOI: 10.1177/1023263X211042465
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