The Implications Of The Revised European Committee Draft Withdrawal Understanding Text For Health, Role 1: Patients As Well As Reciprocal Healthcare (Updated Xviii March 2018)

Tamara K Hervey, Jean Monnet Professor of European Union Law, University of Sheffield

So it would appear that my early analysis of the implications of the European Commission’s 28 Feb draft legal text on the Withdrawal Agreement for or then of the people-related aspects of wellness was too early. The European Commission issued a revised version of the text on xv March 2018.  Here are my views on the revised text equally it applies to patients, in addition to inward detail reciprocal healthcare betwixt the Great Britain in addition to the EU-27 post-Brexit. There are 2 primal issues here:

·         The position of Great Britain pensioners who possess got retired to or then other European Union country, or volition produce then inward the future;

·         The EHIC for emergency attention when visiting or then other European Union country, or when people from EU-27 countries see the UK.

As I said inward the master copy blog, the text is complex, in addition to similar all legal texts, its total implications volition possess got fourth dimension to emerge. So this is exclusively a showtime take, in addition to I may good possess got got things wrong: if you lot location anything I’ve missed or misunderstood, delight brand it touch.

I recognise, of course, that the procedure of the Great Britain leaving the European Union is a negotiation, that this text is silent to live adopted past times the EU-27 Council, much less agreed betwixt the European Union in addition to the UK, in addition to that ‘nothing is agreed until everything is agreed’. It remains prudent, therefore, also to innovation for a ‘no-deal’ Brexit, where nosotros leave of absence without whatsoever Withdrawal Agreement.

Finally, past times means of introduction, I should state that I would beloved to live able to compare this analysis alongside the UK’s preferred legal text. Sadly none is currently available. And the Prime Minister’s speech, on 2 March 2018, does non embrace reciprocal healthcare explicitly at all.

The timeline:

The text proposes 3 periods of time, each of which involves dissimilar legal rights in addition to obligations:

·         now (while the Great Britain is a Member State of the EU);

·         a transition menstruum (which the Great Britain authorities calls an ‘implementation’ period), which starts when the WA enters into forcefulness on xxx March 2019 (Article 168) in addition to ends on 31 Dec 2020 (Article 121); in addition to

·         thereafter. 

Whether the precise dates move the negotiation or not, nosotros are talking most at to the lowest degree 3 dissimilar timeframes, alongside the associated legal complexity.

It is non going to live slowly for people to empathize what their rights are, how to enforce them, or what obligations governments (the UK, in addition to those of the EU-27) are under.

I desire to suggest inward what follows that, implicit inward the text of the WA equally proposed, is a 4th menstruum of fourth dimension – or then means into the hereafter – where no farther rights in addition to obligations apply.

Where nosotros are straight off (this repeats my before weblog for repose of reference):

To grossly oversimplify, patients currently relish rights to cross-border healthcare inward the European Union nether 4 types of European Union arrangements: S1 for residents inward or then other European Union country; S2 in addition to the Patients Rights Directive for planned care; in addition to EHIC for visitors.  Because access to the Great Britain NHS industrial plant on the footing of residence, rather than having paid taxation or social safety into the Great Britain scheme per se, EU-27/EEA nationals who come across the NHS ‘ordinary residence’ test inward the Great Britain de facto possess got a gear upward of rights inward domestic constabulary too. (NB, the hyperlink is to the rules for England: they are dissimilar inward Jeremy Hunt in addition to David Davis possess got said that the Great Britain would seek to negotiate. Indeed, Jeremy Hunt described it equally ‘perfectly possible’ inward Jan 2017; in addition to Davis said inward Parliament that it had been ‘agreed’ inward August 2017. Presumably it could live negotiated equally business office of the hereafter EU-UK relationship(s), in addition to that would embrace people non inside the ambit of the Withdrawal Agreement (for instance, because they are silent to live born). However, equally I suggested inward my previous blog, it would live amend if it were included inward the Withdrawal Agreement too.

Barnard & Peers: chapter 27

Photo credit: Sutter Healthcare

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