The Doctor in Free Movement Law: Expertise, Duty, and Accountability

Van Leeuwen, Barend

Abstract

This Article provides an empirical analysis of all free movement of doctors cases decided by the CJEU. The aim of the Article is twofold: to provide a ‘characterisation’ of the type of doctors who rely on free movement law, and to make a link between their reliance on free movement law and the concept of medical professionalism. In what circumstances, and with what purpose, do doctors rely on free movement law? And does their reliance on free movement law pose a risk to medical professionalism? The analysis shows that most cases before the CJEU focussed on the expertise and qualifications of doctors. Many cases were brought by groups of doctors or medical professional associations. In most cases, the aim of the doctor's reliance on free movement law was to defend medical professionalism. Nevertheless, some recent cases show that doctors do rely on free movement law to restrict their accountability towards patients or national healthcare systems. Moreover, these cases show that arguments based on free movement law are relied on in a broader range of non-specialised courts or tribunals. This makes it important that national courts continue to engage in a dialogue with the CJEU.

Citation

Van Leeuwen, B. (2023). The Doctor in Free Movement Law: Expertise, Duty, and Accountability. The Cambridge yearbook of European legal studies, 25, 198-224. https://doi.org/10.1017/cel.2023.13

• Journal Article Type: Article
• Acceptance Date: Sep 27, 2023
• Online Publication Date: Dec 21, 2023
• Publication Date: 2023-12
• Deposit Date: Sep 27, 2023
• Publicly Available Date: Dec 21, 2023
• Journal: The Cambridge yearbook of European legal studies
• Print ISSN: 1528-8870
• Publisher: Cambridge University Press
• Peer Reviewed: Peer Reviewed
• Volume: 25
• Pages: 198-224
• DOI: https://doi.org/10.1017/cel.2023.13
• Public URL: https://durham-repository.worktribe.com/output/1750827