Europe Towards a Pan-European Treatment Contract

Abstract

The pan-European treatment contract shall be a legal instrument of approximation and unification of national law of European countries and EU-law. This instrument shall provide a unified concept of medical services, their scope and main obligations of a medical services provider taking into account common features as well as peculiarities of European countries. The integral prerequisite of the forthcoming pan-European treatment contract shall be the general provision for rendering of medical services provided in the European law, acts of ‘soft law’ and jurisprudence at national and international levels, which corresponds to the recognized values and operative principles of the EU. At international level, the pan-European treatment contract should be regarded as a basic legal standard of medical care, provided by the instruments of harmonization of the EU-law and the law of European countries. It should set a minimum level of medical services for all European countries, regardless of whether these services are paid by individuals or are state-funded. It should also aim at combining of recognized values and operative principles of the EU with quality, institutional ability, affordability and traditions of the healthcare systems of the European countries. At national level, it is advisable to unify a treatment contract by introducing general conditions for providing medical services into the legislation of European countries (in the Civil Codes or special laws).

This paper is prepared on the basis of the reports for the Conference ‘Private Healthcare Law: Challenges and Prospects’.