Review of jurisdiction issued by the Court of Justice of the European Union, related to health system functioning (2014–2015) Cover Image

Przegląd orzecznictwa Trybunału Sprawiedliwości Unii Europejskiej związanego z funkcjonowaniem systemu ochrony zdrowia (lata 2014–2015)
Review of jurisdiction issued by the Court of Justice of the European Union, related to health system functioning (2014–2015)

Author(s): Anna Wilińska-Zelek
Subject(s): Law, Constitution, Jurisprudence, International Law, Human Rights and Humanitarian Law
Published by: Naczelna Izba Lekarska
Keywords: Court of Justice of the European Union;health system functioning

Summary/Abstract: This paper analyzes the jurisdiction issued by the Court of Justice of the European Union (from 2014 to 2015), concerning the subject of professional, medical activities. Judgments of the CJEU concern the following issues: – permanent deferral from blood donation of men who have had sexual relations with another men; – consequences of failures of medical products, where safety requirements are particularly high; – whether unfertilised human ova whose division and further development have been stimulated by parthenogenesis may be qualified as ‘human embryo’; – possibility of prior authorization refusal by the competent institution to go to a territory of another Member State to receive there relevant treatment, because of lack of related medication, basic medical supplies and infrastructure in the insured person’s Member State of residence where hospital care concerned cannot be provided in appropriate time; – application of directive 2002/98 and 2001/83 concerning plasma prepared from whole blood, by means of an industrial process and intended for transfusion purposes

  • Issue Year: 6/2014
  • Issue No: 6
  • Page Range: 151-163
  • Page Count: 14
  • Language: Polish