Traduction de «Recours judiciaire vers la justice linguistique » (Français → Anglais) :

23. Points out that, as regards hospital services in another Member State, the procedure for granting authorisation must provide a guarantee for patients protecting them from arbitrary decisions taken by their national authorities; points out that, in order to facilitate the free movement of patients without prejudicing Member States" planning objectives, in the light of the case law of the Court of Justice, hospital treatment should be defined narrowly as treatment which can only be provided within hospital infrastructure and may not be provided, for example, in a practitioner's surgery or at the patient's home; points out, in particu ...[+++]lar, that any refusal to grant an authorisation must be open to challenge in judicial and quasi-judicial proceedings and that, for the purpose of assessing the medical situation of each patient, entirely objective and impartial advice from independent experts should be sought;

24. Points out that, as regards hospital services in another Member State, the procedure for granting authorisation must provide a guarantee for patients, protecting them from arbitrary decisions taken by their national authorities; points out that, in order to facilitate the free movement of patients without prejudicing Member States’ planning objectives, in the light of the case law of the European Court of Justice, hospital treatment should be defined narrowly, as treatment which can only be provided within hospital infrastructure and may not be provided, for example, in a practitioner’s surgery or at the patient’s home; points out, ...[+++] in particular, that any refusal to grant an authorisation must be open to challenge in judicial and quasi-judicial proceedings and that, for the purpose of assessing the medical situation of each patient, entirely objective and impartial advice from independent experts should be sought;

2. This Directive shall be without prejudice to any provisions of national law which regulate access to justice and those which require that administrative review procedures be exhausted prior to recourse to judicial proceedings.

V. There have been several attempts to call the Charter in aid of litigation in the European Courts. Advocates-General are making an increased number of references to the Charter in their Opinions, and it has become an important source of guidance for the judges . In one case the Court of First Instance has decided that the Charter confirms a right to judicial review as a general principle of Community law. In another case, the same Court, citing the Charter, has sought to widen the access to effective judicial remedy of a party dire ...[+++]ctly but not individually concerned ; even though the Court of Justice has ruled against that interpretation because it would cause the Community courts to go beyond their competences , it has nevertheless, at the same time, suggested amending the Treaty accordingly . The European Court of Human Rights has also begun to make positive references to the Charter ;

Thus, it comes under parliamentary and judicial scrutiny, and attains the objective of free movement of persons enshrined in the Single European Act of 1986, while ensuring democratic parliamentary control and giving citizens accessible legal remedies when their rights are challenged (Court of Justice and/or national courts, depending on the area of law).

Thus, it comes under parliamentary and judicial scrutiny, and attains the objective of free movement of persons enshrined in the Single European Act of 1986, while ensuring democratic parliamentary control and giving citizens accessible legal remedies when their rights are challenged (Court of Justice and/or national courts, depending on the area of law).