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Towards Europeanisation Through the Proportionality Test? The Impact of Free Movement Law on Medical Professional Discipline

Van Leeuwen, Barend

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Abstract

Medical doctors can exercise their free movement rights to escape the control of professional regulation at the national level. This “darker side” of free movement of doctors has received a lot of attention. This article will show that the free movement provisions play an increasingly important role in medical disciplinary cases. The application of free movement law can make a positive contribution to the protection of patient safety. However, disciplinary tribunals are unfamiliar with the structure of arguments based on the free movement provisions. While the case law on free movement of patients has encouraged a process of internationalisation of medical standards, free movement of doctors has not yet led to a similar process of Europeanisation of medical professional rules. Nevertheless, the proportionality test requires that disciplinary tribunals engage in a process of comparison between their own rules and the rules in other Member States.

Journal Article Type Article
Acceptance Date Jun 1, 2020
Online Publication Date Jul 17, 2020
Publication Date 2020-03
Deposit Date Jun 1, 2020
Publicly Available Date Jul 17, 2022
Journal European Law Journal
Print ISSN 1351-5993
Publisher Wiley
Peer Reviewed Peer Reviewed
Volume 26
Issue 1-2
Pages 61-82
DOI https://doi.org/10.1111/eulj.12362
Public URL https://durham-repository.worktribe.com/output/1263396

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Copyright Statement
This is the peer reviewed version of the following article: Van Leeuwen, Barend (2020). Towards Europeanisation Through the Proportionality Test? The Impact of Free Movement Law on Medical Professional Discipline. European Law Journal 26(1-2): 61-82 which has been published in final form at https://doi.org/10.1111/eulj.12362. This article may be used for non-commercial purposes in accordance with Wiley Terms and Conditions for Use of Self-Archived Versions.






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