Patient mobility differs from human rights in the sense that only the first but not the latter was first shaped by individuals enforcing their rights in front of national courts (together with the European Court of Justice).

Wrong, both topics have been shaped by the ECJ, paving the way so to say; later patient mobility was codified in a Directive, i.e. EU secondary law adopted by the EP and the Council of Ministers, human rights have been codified in the Charter, i.e. EU primary law adopted by the Member States]