The majority of EU Member States provide their citizens with a legal entitlement to some form of long-term care (LTC) services. This entitlement is laid down in various pieces of legislation. The legal regulations relating to LTC among Member States are widely dispersed and comprise among others social security laws, health law and laws on social assistance.
In some Member States legal provisions do not even apply to the whole territory or do not cover all citizens in need for LTC. Indeed, in all Member States, the legal entitlement to LTC services is not a citizen’s right but an entitlement of a vulnerable person in a specific situation of life to certain benefits. Member States autonomously define legal requirements as belonging to the group of vulnerable persons or being in a specific situation that implies the need for care. Member States stipulate the type and extent of benefits in order to cover need and costs for LTC and they also decide which institutions may operate in the growing and lucrative “market” for LTC, and how benefits are financed.
The SPRINT project conducted an assessment of the existing legal framework of LTC and how the social right of EU citizens to LTC is defined in different EU countries.
Key Messages:
- There is no individual entitlement to LTC based on international or European law.
- There are no direct legal competences on LTC for European Union.
- There is a variety of legal competences for European Union to foster Member States in providing LTC.
- Different LTC systems are a severe obstacle for free movement of persons and services.
- Social investment can be a legal and effective tool for adequate LTC.
Read more on the SPRINT report