How do the rules on establishment affect Member States Health Services?
Health services are services under the EU Treaty and should, like other services, benefit from an Internal Market framework. The proposed Directive’s provisions aiming to facilitate the freedom of establishment therefore also apply to health services. However, it is important to keep in mind that the proposal does not require the liberalisation or privatisation of services which are currently provided at national, regional or local level by the public sector or public entities and that it facilitates the freedom of establishment only in those areas where private operators are permitted (see also point 1.6). For example, the proposal would not require Member States to allow private hospitals to operate where they are not allowed now. Where private hospitals are permitted, the relevant authorisation schemes would have to respect the disciplines set out in the proposed Directive e.g. they would have to be non-discriminatory, objective and transparent. The proposed Directive does not in an
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