Who Is the Editor-in-Chief in EU Health Law, the Member States or the EU? Patients’ Rights in Cross-Border Healthcare, EU Values and Ethics

This article honours Herman Nys' foundational contributions to European Union (EU) health law and, based on his oeuvre, strives to answer the question of who serves as the field's 'editor-in-chief': the EU or its Member States. It first clarifies the concept and boundaries of EU health law within a normative space also linked to national law, while excluding Council of Europe standards and other international instruments. It then analyses cross-border healthcare as a paradigmatic site in which the Court of Justice of the EU has shaped the balance between limited EU treaty competences and Member States' autonomy, notwithstanding modest levels of patient mobility. Finally, the article situates these legal dynamics within the EU's ethical framework, focusing on EU values and the role of the European Group on Ethics in Science and New Technologies, where Herman served as First Vice-Chair. It concludes that 'editor-in-chief' authority has increasingly shifted from the Member States to the EU, while individuals continue to play an important role.