During the Covid-pandemic it was necessary to take measures to raise or surge the capacity of the health care-system and to direct the means of treatment in a more selective way towards the treatment of patients affected with Covid-19. These measures include a reorientation of the healthcare-system, and especially of health care-institutions such as hospitals or elderly care-homes. The reorientation had important implications for patients and care givers. In nearly all countries the capacity was created by postponing non-urgent or non-essential care. These measures can affect the right to health care of patients and the professional autonomy of physicians and other care givers. This is only allowed with a clear legal basis. The study will make a profound comparative examination of the legislation about the possibilities to steer and to coordinate health systems and health institutions. The study will be carried out in six European countries and according to European and international law. Besides the comparative legal analysis an empiric study will be carried out about the application in the Belgian health care-system. This will be done by semi-structured interviews with leaders of health care-institutions (such as CEO’s and medical directors) and with leaders of the government agencies responsible for the execution of the health policy and the management of the health crisis.

On the basis of the comparative analysis and the empiric study, we will formulate recommendations for the actualisation of amelioration of the existing normative framework.