Stem cells – embryo research

EU arguments against

1^st line

The legal and budgetary problem

Whenever a matter, according to the principle of subsidiarity, is to be ruled by each Member State, the EU should refrain from any financing commitment in such areas, unless there is a substantial similarity in the legislations of the 25 Member States, meaning that programs and actions in that field are not illegal in any Member State – this is what I named the “legislative unanimity principle”.

If it doesn’t happen like that, the EU would be in breach of the subsidiarity principle, through its budgetary procedure and activity: something that cannot be done in a given Member State, because it is illegal, will be done elsewhere with money coming from that same Member State and from their tax payers.

The Commission should only deal with and finance activities that are or may be considered common, that is, belonging to the Community.

By definition, something that is illegal – and, moreover, considered a criminal offence – in any given Member State may never be considered common. And, therefore, may never be treated at the community level or be the object of community financing.

The rule is: no common money to anything that, in legal terms, cannot be common to all.

This does not mean a ban on such activities or programs in those Member States where they are legal. It just means that they must be financed solely with the money from that Member State and through its own national Budget.

2nd line

The European research strategy and priorities

People know that research with adult stem cells doesn’t arise any kind of ethical or legal problems. Here, the “legislative unanimity principle” fully applies and the EU will not be in breach of the subsidiarity principle if financing research programs or activities in this field.

Moreover, research with adult stem cells has already produced tangible results. Not so with embryonic stem cells, which remain a simple conjecture and mere speculation.

So, the EU priority, the Community Strategy in the field stem cells research should focus in adult stem cells. We should concentrate our community financial resources in adult stem cells research: it’s not illegal anywhere and the research may be qualified as communitarian; it has already proven effective and it must be pushed further.

Again: this does not mean a ban on such activities or programs in those Member States that choose a different line of priorities and where the research with embryonic stem cells is are considered legal. It just means that, being a priority of such a specific country, the financing should be made solely with the money from that Member State and through its own national Budget.

3rd line

The ethical approach

Here we all know. We must keep this substantial background, because it is what supports the position of those Member States that have passed restrictive laws in this area and also in those others that haven’t yet decided to legalize free research and that fall under the scope of the Oviedo Convention. But it is the hardest approach and the most problematic.

And yes: if succeeding in this level, this could mean a European ban on such activities or programs even in those Member States that would like to consider legal. EU would rule out entirely the research on embryonic stem cells.