ENGISH: "ONE OF US"

"ONE OF US"


“The Europe of tomorrow is in your hands. Be worthy of this task. You work to restore to Europe her true dignity: that of being a place where the person, every person is received in his incomparable dignity.”

(Giovanni Paolo II, 18 dicembre 1987. Convegno di studi su «Il diritto alla vita e l’Europa »)7)    


The petition

On 11 May 2012 The European Commission registered the request to collect statements of support and it registered on its website the following petition that is quoted below in its entirety.

TITLE: One of us.

SUBJECT: Explicit juridical protection of the dignity and the right to life of every human being from conception in the areas of EU competence in which such protection is of particular importance.

DESCRIPTION OF OBJECTIVES: The human embryo deserves respect for his dignity and integrity. This is stated in the CEG judgment in the case of Brüstle against Greenpeace, which defines the human embryo as the beginning of human development. To ensure consistency in its fields of competence where the life of the human embryo is involved, the EU should introduce a ban and put an end to funding activities that assume the destruction of human embryos, in particular with regard to research, development aid and public health.

PROVISIONS OF TREATIES BELIEVED TO BE RELEVANT:

- Art. 2 TEU (Foundation and purpose of the Union: human dignity, equality, human rights.)
- Art. 17 TEU (General tasks of the Commission: promoting the Union's general interest, proposing the initiatives appropriate to that end, monitoring the implementation of treaties and implementing the EU law, managing programs, starting the long-term planning process of the Union.)
- Art. 4 paragraphs 3 and 4, TFEU (EU tasks in the field of technological development, development cooperation and humanitarian aid.)
- Art. 168 TFEU (cooperation in the field of Union research, technological development and demonstration with third countries and international organizations.)
- Art. 180 and 182 TFEU (The adoption, with ordinary legislative procedure, of multiannual research programs.)
- Art. 209 and 210 TFEU (Legislative adoption of the multiannual programs in the field of development cooperation.)
- Art. 322 TFEU (The adoption, with ordinary legislative procedure, of financial rules applicable to the general budget.)


Few explanations:
To understand well the wording of the petition it must be remembered that the Commission has established a maximum limit of characters that can be expressed in the title (100 characters) and goals (500 characters).

The wording of the articles presented for approval is then optional.

The group of experts considered appropriate to mention, in the part that describes the objectives of the initiative, a very important judgment delivered recently by The European Court of Justice (resolution of 18 October 2011 in the case Brüstle against Greenpeace) in which a human embryo was defined as any primitive cell being able to develop into an entire human body. Directive n. 44 of 1998 on the legal protection of biotechnological inventions states (Art. 6) that uses of human embryos for industrial or commercial purposes conflict with public order and morality and therefore cannot be patented. The German Constitutional Court has asked the European Court of Justice to determine what is meant by the term human embryo. The precise response of the Court of Justice is an indication that it is not possible to distinguish between the various phases of human life after conception. Moreover, the judgment recognizes human dignity from the first spark of life. Although this decision refers to the field of patents, it is a very strong argument that the Commission cannot refuse registration of the initiative for life and that the EU institutions should decide to abstain from any activity violating the rights of the unborn life.

Although it is not mandatory (but optional) to indicate legislative texts which are presented for approval to the European institutions, it was also decided to write proposals for legal acts with a suitable heading and also transmit these texts to the European Commission together with other required parts of the application for registration to make a clear demand and better overcome any objections from those in opposition.

On 29 March 2012 in Brussels representatives of the pro-life movements from 20 nations have signed the memorandum of the organizing committee and 41 people signed the registration application, which was electronically filed on April 1, 2012.
The European Commission said that it would record only the first 7 names of the larger committee. This reason states why the formal application includes only the names of the representatives of France, Italy, Germany, the United Kingdom, Spain, Slovakia, Poland.




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