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Dr Anna Pudło-Jaremek
ORCID: 0000-0002-6328-5205

Dr Anna Pudło-Jaremek

PhD, legal adviser. Assistant professor at the Department of Public International Law and EU Law at Kozminski University.

 
DOI: 10.33226/0137-5490.2023.1.6
JEL: G38, K39

In the judgment in case C-490/20 of 14.12.2021 r. V.M.A. v. Stolichna, "Pancharevo", the Court of Justice ruled that EU member states are obliged to recognize – for the purposes of EU free movement law – family ties established in another EU member state between a child and his or her same-sex parents. The V.M.A. ruling can be seen as a first step toward full recognition of rainbow families in Europe. However, due to the lack of clarification by the Court of a number of key concepts in this area, such as the scope of the principle of recognition or the scope of rights under Art. 21 TFEU, the judgment does not solve many important problems, and therefore its practical application may cause difficulties.

Keywords: same-sex couples; free movement of persons; cross-border proceedings in family law matters; EU Charter of Fundamental Rights
DOI: 10.33226/0137-5490.2021.12.8
JEL: K38

The Court of Justice in the Veselibas ministrija case made an attempt to assess to what extent, when implementing EU law in the area of cross-border healthcare, Member States are obliged to take into account not only the provisions of EU law on the implementation of the internal market, but also the personal choice of the patient resulting from religious beliefs, which results from the Article 21 paragraph 1 of the Charter of Fundamental Rights. Unfortunately, the arguments adopted by the Court in the judgment show that the implementation of the general interest (protection of public health) outweighs the interest of the individual (the right not to be discriminated against on the basis of religion or belief). The Tribunal does not notice the values of the Union and goals other than the economic goal of the European Union. The aim of the analysis is to draw attention to the axiological aspect in the implementation of the fundamental right, which is the right to not be discriminated against on grounds of religion under Article 21 paragraph 1 of the Charter of Fundamental Rights in the area of patient's right in cross-border healthcare.

Keywords: cross-border healthcare; the Charter of Fundamental Rights; non-discrimination; EU values