The social role of healthcare system. A comparative analysis of case-law regarding patients’ right to mobility within the European Union

The article analyses the implementation of Directive 2011/24/EU in Italy and France through the analysis of national case-law. In particular, it highlights how the margin of maneuver of Member States could distort the objectives of the uniform rule. Indeed, the provision of healthcare services is relevant both to the competence of the Member States, which guarantee their use, and to European law, which ensures their coordination when the service is performed in a state other than that of affiliation. The right to patient mobility to choose cross-border medical treatment is however restricted by the role of national administration.