Loss of health cover. Right to healthcare and free movement
13.1.2014
Question for written answer E-000259-14
to the Commission
Rule 117
Raül Romeva i Rueda (Verts/ALE) , Willy Meyer (GUE/NGL)
Article 35 of the EU Charter of Fundamental Rights recognises the right to ‘Healthcare’ and states that ‘Everyone has the right of access to preventive healthcare and the right to benefit from medical treatment under the conditions established by national laws and practices. A high level of human health protection shall be ensured in the definition and implementation of all the Union's policies and activities’.
That right would be violated if a Spanish citizen used his or her right to free movement within the EU as a European citizen, thanks to the Spanish Government’s decision to revoke the medical card of anyone classed as ‘inactive’ who has been out of the country for over 90 days. Because of this, the long-term unemployed, young people who have not yet entered the job market and women who want to enter the job market in another EU country may find themselves with no medical cover when they come back to Spain.
This policy came into force by virtue of the amendment made by the Partido Popular to the Budget Law to restrict citizens’ rights to a medical card if they no longer live in Spain.
This contradicts people’s rights to free movement and healthcare, as it discriminates against people who want to leave the country for over 90 days to look for work elsewhere in the EU.
Does the Commission consider this measure to be a violation of Article 35 of the Charter of Fundamental Rights? Does it believe that it restricts people’s freedom of movement within the EU? Does it think that this measure discriminates against the most vulnerable sections of the population who want to look for work outside of Spain? Will it take action against this discrimination to ensure that all Spanish citizens have the same level of access to healthcare irrespective of whether they use their right to free movement within the EU?
OJ C 279, 22/08/2014