Free Movement of Services and Social Security—Quo Vadis?

Dental treatment (of Aline Kohll) and a pair of spectacles (for Nicolas Decker) recently drew public attention throughout the whole of Europe. It is certainly true that the reactions following the Court of Justice's judgements in both cases were not only to be felt in the profession but in the general public most especially in political circles. Some authors even went as far as to place these judgements on a par with those in the Costa/ENEL and Cassis de Dijon cases. In the meantime these decisions have persistently been upheld by two further judgements (Vanbraekel and Smits/Peerbooms). The essence of the judgements lies in the observation that the Member States must respect an insured person's right to freedom of services despite being entitled to organise their own social security services. The following article is a critical analysis of this approach. The author pleads for a solution to the problems to be found within the ambit of the rules and principles of coordination whose further development he calls for.