The Telemedicine Paradox: Why Data Moves but Care Does Not

While digital health technologies have rendered national borders technically obsolete, the European Union's (EU) legal framework for cross-border telemedicine remains fragmented. This paper examines the tension between the EU's internal market logic - favouring the free movement of services - and the Member States' protected competence over health system organisation under Article 168(7) TFEU. By analysing the limitations of the 2011 Patients' Rights Directive, the study evaluates whether the recent European Health Data Space (EHDS) Regulation and the broader European Health Union can provide a coherent regulatory foundation for digital mobility in the context of cross-border telemedicine. This will be done by relying on two primary legal frictions: professional licensing and reimbursement mechanisms. The paper argues that for the EHDS Regulation to succeed, it must move beyond technical interoperability to address the underlying legal-ethical conflicts of digital sovereignty.