2025/01/01 by Łukasz Grzejdziak
Health Professions · Social Sciences · #EU Law and Policy Analysis #European and International Law Studies #Global Health Care Issues
paper · pdf · doi:10.1017/jme.2025.10139
openalex publication_date 2025/01/01 · openalex created_date 2025/10/10 · openalex updated_date 2026/07/13
The evolution of the CJEU's jurisprudence has led to the emergence of a distinct, sector-specific notion of economic activity in the context of services delivered within public healthcare systems. This interpretation diverges markedly from the general framework applied in other sectors. This form of conceptual dualism lacks a clear normative foundation in the provisions of the TFEU and poses a potential challenge to the integrity of the role assigned to services of general economic interest under both the Treaty and established CJEU case law. Significantly, the exclusion of practically all activities within public healthcare systems from the ambit of EU competition law has the potential to generate significant distortions of competition. This is particularly relevant in the context of healthcare systems, such as that of Poland, which exhibit a mixed structure and where public and private providers engage in substantial competition.