7th Framework Legal Memorandum to be Presented to European Union Members of Parliament

October 24, 2005

(Strasbourg, France)-At the request of several members of European Parliament, ECLJ has compiled a comprehensive legal memorandum regarding European Union competency to fund embryonic stem cell research. In drafting the paper, ECLJ hopes that it will be used to garner support from MEPs when voting on the 7th Framework Project later this year. The 7th Framework Project, representing the Unions research budget for 2007-2013, as unveiled by the European Commission, makes allowance for the funding of research using embryonic stem cells.

The basis of the position paper is that the Union does not have legislative competency to fund projects that are not explicitly allocated to its competency in the EU treaties and where such funding would not be complimentary to Member State policy. In fact, in more than half of the Member States, research using embryonic stem cells is illegal. Under the principle of subsidiarity as enshrined in the EU founding treaties, such sensitive ethical issues must be left to the individual members.

In March, Members of European Parliament passed a resolution asking the Commission to remove all funding for embryonic stem cell research under the principle of subsidiarity. The Council of Europe has passed a resolution saying that no international institution should force Member States to use their tax revenue to fund research on embryos in nations when such research is illegal in their own country.

The Parliament is scheduled to have its first reading of the Commission proposal in November.