欧共体条约中的公共健康政策-法搜-中国法律信息搜索网

　　2. Diseases occurring after a three-month period from the date of arrival shall not constitute grounds for expulsion from the territory.
　　3. Where there are serious indications that it is necessary, Member States may, within three months of the date of arrival, require persons entitled to the right of residence to undergo, free of charge, a medical examination to certify that they are not suffering from any of the conditions referred to in paragraph 1. Such medical examinations may not be required as a matter of routine.
　　Article 30 and Article 31
　　They provide procedural rights for persons who were denied access grounded on public health.
　　3. Public health & Freedom to provide services
　　(1) Article 46 and Article 55
　　1. The provisions of this chapter and measures taken in pursuance thereof shall not prejudice the applicability of provisions laid down by law, regulation or administrative action providing for special treatment for foreign nationals on grounds of public policy, public security or public health.
　　(2) Conditions for public health as an exception
　　a. Legitimate purpose
　　Case C-158/96 Kohll
　　41. It must be recalled that aims of purely economic nature cannot justify a barrier to the fundamental principle of freedom to provide services. However, it cannot be excluded that the risks of seriously undermining the financial balance of the social security system may constitute an overriding reason in the general interest of justifying a barrier of that kind.
　　50. As to the objective of maintaining a balanced medical and hospital service open to all, that objective, although intrinsically linked to the method of financing the social security system, may also fall within the derogations on grounds of public health under Article 46 EC, in so far as it contributes to the attainment of a high level of health protection
　　51. Article 46 permits MS to restrict the freedom to provide medical and hospital services in so far as the maintenance of a treatment facility or medical service on national territory is essential for the public health and even the survival of the population.　