In the federal state of Belgium, healthcare is managed by the federal level. The Flemish Government introduced an additional insurance for non-medical care (Dutch: zorgverzekering) in 2001, which proved to be controversial and has a relatively long legal history.
Healthcare and social security in Belgium are federal matters, but the special law of Belgium grants the three communities several competences like "assistance to persons".[1] The Flemish government made use of that to provide an additional insurance for nonmedical help and services, which is mainly targeted at elderly people. The insurance is mandatory for people aged 25 and above living in the Flemish Region and optional for inhabitants of the Brussels-Capital Region (as Brussels is covered by both the Flemish and French Community).
The Walloon region has tried to annul the decree that regulates Flemish health insurance. The Constitutional Court dismissed this appeal. Since 2017, the Walloon Region has its own health insurance.[2]
Controversy and legal issuesedit
The French Community, however, feared that was a first step towards splitting the Belgian social security and found the service to be discriminatory. It fought this at the Constitutional Court, and tried to come up with legal arguments to repeal the decree, as laws by communities and regions are called, but to no avail.[3] The system was however slightly adapted several times to suit their justified complaints.
The Constitutional Court sent a prejudicial question to the European Court of Justice, which inspected the decree. It considered this insurance to be social security, as opposed to Belgian terms, and it judged that the "place of residence criteria" as used in the decree (the insurance is for those living in Flanders or Brussels) violated the "workplace criteria" that EU law dictates for social security for EU citizens who made use of their right of freedom of movement. People working in a country in which they do not live must enjoy the same social rights as citizens of that state. Consequently, the Flemish decree was adapted to provide the insurance also for people working in Flanders or Brussels but not living there, as long as they made use of their right of free movement. Since EU law recognises only "Belgium", not the various entities within it, that does not include Walloons working in Flanders. As a result, anyone living or working in Flanders or Brussels can enjoy the insurance except Walloons, unless they make use of their right of free movement.
In January 2009, the final judgment of the Court of Arbitration came, meanwhile renamed the Constitutional Court.[4] It ruled that the health insurance in itself is legal, but it had to be adapted again to comply with European regulations. The health insurance decree was amended by decree of 30 April 2009.[5]
Referencesedit
^Special law concerning institutional reforms, title 2, art. 5 § 1 II (French, Dutch)
^Knack, Redactie (2016-07-25). "Wallonië start met zorgverzekering". Knack (in Dutch). Retrieved 2022-08-23.
^Constitution Court ruling 2009-11: Dutch, French, German
^"Naar beperkte uitbreiding van Vlaamse zorgverzekering". De Standaard (in Flemish). 22 January 2009. Retrieved 2022-08-23.
(in Dutch) 30 maart 1999. - Decreet houdende de organisatie van de zorgverzekering. (Decree concerning the organisation of the care insurance.)
March 19, 2024
flemish, insurance, medical, care, federal, state, belgium, healthcare, managed, federal, level, flemish, government, introduced, additional, insurance, medical, care, dutch, zorgverzekering, 2001, which, proved, controversial, relatively, long, legal, history. In the federal state of Belgium healthcare is managed by the federal level The Flemish Government introduced an additional insurance for non medical care Dutch zorgverzekering in 2001 which proved to be controversial and has a relatively long legal history Healthcare and social security in Belgium are federal matters but the special law of Belgium grants the three communities several competences like assistance to persons 1 The Flemish government made use of that to provide an additional insurance for nonmedical help and services which is mainly targeted at elderly people The insurance is mandatory for people aged 25 and above living in the Flemish Region and optional for inhabitants of the Brussels Capital Region as Brussels is covered by both the Flemish and French Community The Walloon region has tried to annul the decree that regulates Flemish health insurance The Constitutional Court dismissed this appeal Since 2017 the Walloon Region has its own health insurance 2 Controversy and legal issues editThe French Community however feared that was a first step towards splitting the Belgian social security and found the service to be discriminatory It fought this at the Constitutional Court and tried to come up with legal arguments to repeal the decree as laws by communities and regions are called but to no avail 3 The system was however slightly adapted several times to suit their justified complaints The Constitutional Court sent a prejudicial question to the European Court of Justice which inspected the decree It considered this insurance to be social security as opposed to Belgian terms and it judged that the place of residence criteria as used in the decree the insurance is for those living in Flanders or Brussels violated the workplace criteria that EU law dictates for social security for EU citizens who made use of their right of freedom of movement People working in a country in which they do not live must enjoy the same social rights as citizens of that state Consequently the Flemish decree was adapted to provide the insurance also for people working in Flanders or Brussels but not living there as long as they made use of their right of free movement Since EU law recognises only Belgium not the various entities within it that does not include Walloons working in Flanders As a result anyone living or working in Flanders or Brussels can enjoy the insurance except Walloons unless they make use of their right of free movement In January 2009 the final judgment of the Court of Arbitration came meanwhile renamed the Constitutional Court 4 It ruled that the health insurance in itself is legal but it had to be adapted again to comply with European regulations The health insurance decree was amended by decree of 30 April 2009 5 References edit Special law concerning institutional reforms title 2 art 5 1 II French Dutch Knack Redactie 2016 07 25 Wallonie start met zorgverzekering Knack in Dutch Retrieved 2022 08 23 Constitution Court ruling 2009 11 Dutch French German Naar beperkte uitbreiding van Vlaamse zorgverzekering De Standaard in Flemish 22 January 2009 Retrieved 2022 08 23 Ontwerp van decreet 2156 2008 2009 nr 1 Vlaams Parlement www vlaamsparlement be Retrieved 2022 08 23 External links edithttp www vlaamsezorgverzekering be in Dutch 30 maart 1999 Decreet houdende de organisatie van de zorgverzekering Decree concerning the organisation of the care insurance Retrieved from https en wikipedia org w index php title Flemish insurance for non medical care amp oldid 1165714786, wikipedia, wiki, book, books, library,
