Our Story

ICE

ONE OF US was, to our knowledge the one and only ECI so far to have submitted a concrete and readily usable draft legislative proposal as part of its petition. The idea was for the Commission to pick up this proposal and use it as a basis for a formal legislative procedure.

This is a translation of that draft legislative proposal submitted (in Italian) to the European Commission in 2012 as an integral part of the European Citizens’ Initiative ONE OF US. The legislation to which it refers has since been amended. The references would therefore need to be updated to reflect the new status, which could easily be done. From the perspective of ONE OF US, the need for the proposed legislative changes has not changed since 2014, which is why this proposal is being substantially maintained. It still represents the position of ONE OF US – an objective that the EU still has to deliver on.

Whereas:

a) the scope of the initiative does not interfere with the competences of Member States, but is defined by the competences of the European Union, which do not include the regulation of abortion,

b) Article 2 of the TEU indicates as fundamental values of the EU the respect for human dignity, […] equality, […] and respect for human rights, and the EU Fundamental Rights Charter affirms in its Article 1 that “human dignity is inviolable” and in its Article 2 that “everyone has the right to life”.

c) the Union, when acting in areas that relate to the issue of human life, must base itself on clear criteria, which must, at least by virtue of a precautionary principle, not result in excluding the right to life of any human being from the protection guaranteed by the aforementioned Treaty provisions;

d) the recent judgment of the Court of Justice of the EU of 18 October 2011 in the case of Brüstle v. Greenpeace indicates with clarity that human life begins at the moment in which an ovular cell is fertilized, and excludes, in the name of human dignity, the patentability of any procedure implying or presupposing the destruction of a human embryo, by which term must be qualified any human ovular cell that is fertilized or, using the parthenogenesis procedure, induced to divide and develop;

e) in the light of a principle of coherency, the same criterion must guide the EU’s actions in all other areas of its competence wherever the protection of the human embryo comes into play;

f) such areas of EU competence include, among others, policies related to public health (Art. 6 (a) and 168 TFEU), education (Art. 6(e), 165, and 166 TFEU), Protection of intellectual property (Art. 118 TFEU), the funding of research (Art. 4(3), 180, and 182 TFEU) and development cooperation (Art. 4(4), 165, and 166 TFEU);

g) on the basis of the Treaties, and following a proposal by the Commission, the Union must adopt multi-year programmes for scientific and technological research (Art. 182 TFEU) and for development cooperation (Art. 209 TFEU);

h) the EU is a community of values, wherefore it is necessary to adopt legal norms guaranteeing that, wherever it acts within the remits of the competences conferred upon it, it does not act on the basis of what manifestly does not constitute a common value;

i) it must therefore be excluded that the Union lends any form political support to, and a fortiori that it finances, activities that pre-suppose or involve the destruction of human embryos;

l) the objective of this citizens’ initiative is to obtain with regard to all aforementioned areas a commitment of the Union to abstain from consenting to, and from financing, any activities that pre-suppose or involve the destruction of human embryos, and to put in place adequate instruments to control the use of the funds it spends in order to ensure that these funds are not used to destroy human lives.

m) it is suitable to insert this general principle into the financial rules that are applicable to the EU’s budget (Art. 322 TFEU);

WE PROPOSE

THE ADOPTION OF THE FOLLOWING LEGISLATIVE ACTS

1- Financial Rules applicable to the EU’s budget: amendment to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities

TITLE II

BUDGETARY PRINCIPLES
(…)

CHAPTER 9 (new)

Principle of coherency

Article 31 (new)

No allocation of funds must be made in view of financing activities that might involve, or pre-suppose, the destruction of human embryos.

2 – Financing of research: amendment to the proposed Regulation of the European Parliament and the Council establishing Horizon 2020 – The Framework Programme for Research and Innovation (2014-2020) – COM(2011) 809 final

Article 16

(Ethical principles)

1. (…)

2. (…)

3. The following fields of research shall not be financed:

(a) research activity aiming at human cloning for reproductive purposes;

(b) research activity intended to modify the genetic heritage of human beings which could make such changes heritable;

(c) research activities intended to create human embryos solely for the purpose of research or for the purpose of stem cell procurement, including by means of somatic cell nuclear transfer.

(d) research activities that destroy human embryos, including for the purpose of obtaining stem cells, and research activities that involve the use of human embryonic stem cells in a step successive to their obtainment.

4. (…)

5. (…)

3 – Development cooperation: amendment toRegulation (EC) No 1905/2006 of the European Parliament and the Council of 18 December 2006 establishing a financing instrument for development cooperation

Article 2

(Objectives)

1. (…)

2. (…)

3. (…)

4. (…)

5. The development aid granted by the European Union on the basis of this Regulation must not be used to finance abortions, be it directly or through the funding of organisations that provide or promote abortion. No reference made in this Regulation to sexual and reproductive health, healthcare, rights, services, supplies, education and information, the International Conference on Population and Development, its principles and its Programme of Action, to the Cairo Agenda and the Milennium Development Goals, and in Particular to MDG 5 on Health and Maternal Mortality, must be interpreted as providing a legal basis for the use of EU funds for the direct or indirect financing of abortions.