The persons' free movement is a fundamental right recognized by the EU treaties and regularized by the EC and EP Directive 2004/38/EC from the 29th April 2004 regarding the free movement and residence of the EU citizens and their family members on the territory of the member states.

In the Romanian legislation, this directive has been transposed through the Emergency Ordinance no.102 from the 14th July 2005 ulterior modified and completed by the Ordinance 30 from the 19th July 2006 which will be applied at the Romania's accession date to European Union.

EU legislation that regularizes the EHIC

The Barcelona European Council from 2002, through its decision concerning the elimination of the geographical mobility obstacles of the EU citizens represented the EHIC's birth certificate. Further on, the European Commission's report (February 2004) for the spring European Council and the conclusions of the Brussels European Council (March 2004) mentioned June 2004 as which the EHIC will become operational. The European Commission's preoccupations for the modernization of the health systems of the member states in order to face the demographic changes and the financial constraints became more significant. Therefore, public health has been promoted, as a way of constant growing and development, in the Lisbon strategy (2005) while the role of the information technology and communication has been promoted in the health systems' reform (e-health).

Regulations

  • Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community.
  • Regulation (EEC) No 574/72 of the Council of 21 March 1972 fixing the procedure for implementing Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community.
  • Regulation (EC) No 631/2004 of the European Parliament and of the Council of 31 March 2004 amending Council Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, and Council Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71, in respect of the alignment of rights and the simplification of procedures. (Text with relevance for the EEA and for Switzerland).
  • Regulation (EC) No 883/2004 of the European Parliament and of the council of 29 April 2004 on the coordination of social security systems (Text with relevance for the EEA and for Switzerland).

Decisions

The following regulatory actions are Decisions of the EEC Social Security Administrative Commission for the migrant workers:

  • Decision No 189 of 18 June 2003 aimed at introducing a European health insurance card to replace the forms necessary for the application of Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 as regards access to health care during a temporary stay in a Member State other than the competent State or the State of residence.(Text with relevance for the EEA and for the EU/Switzerland Agreement).
  • Decision No 190 of 18 June 2003 concerning the technical specifications of the European health insurance card. (Text with relevance for the EEA and for the EU/Switzerland Agreement).
  • Decision No 194 of 17 December 2003 concerning the uniform application of Article 22(1)(a)(i) of Council Regulation (EEC) No 1408/71 in the Member State of stay. (Text with relevance for the EEA and for the EU/Switzerland Agreement).
  • Decision No 195 of 23 March 2004 on the uniform application of Article 22(1)(a)(i) of Regulation (EEC) No 1408/71 as regards health care in conjunction with pregnancy and childbirth. (Text with relevance to the EEA and to the EU/Switzerland Agreement).
  • Decision No 196 of 23 March 2004 pursuant to Article 22(1a). (Text with relevance to the EEA and to the EU/Switzerland Agreement).

Romanian legislation that regularizes the EHIC

The Ministry of Public Health, the National Health Insurance House and the Health Insurance Houses, are the institutions responsible for granting medical benefits in kind, in case of sickness and maternity and cash benefits for temporary work incapacity.

The legal framework that regulates the EHIC is the law 95/2006 titles VIII "Social Health Insurances" and IX "The European and National Health Insurance Card".

Those titles respect the provisions of the Regulations 1408/71 and 574/72 and transpose certain decisions of the EEC Social Security Administrative Commission for the migrant workers.