Abortion

: Staunchly Catholic populations in Ireland, Malta and Poland are opposed to abortion. Photo: Mariacki church in Gdansk, Poland (Photo: EUobserver.com)

Expulsion of a foetus from the womb before it is able to survive.

The EU has no formal competence to legislate on whether to allow or ban abortion. However, in September 1991, the European Court of Justice decided in the case of SPUC v. Grogan that abortion could constitute a "service" within the meaning of Article 50 TEC in the Nice Treaty.

The Advocate General proposed in the Court that abortion should be permitted in Ireland. At the time, the Court, after some preponderance, would not “on balance” take this radical decision.

The article can be found in the Lisbon Treaty as Art. 57 TFEU. As a result, Ireland, a member state, with strict anti-abortion laws, asked for a protocol to the Treaty of Maastricht to avoid being forced to accept free abortion. This protocol is repeated in the Lisbon Treaty (no 35) protecting the Irish Constitution Art. 40.3.3

In December 2002, Malta obtained a similar provision during its membership negotiations. Poland is another member state where abortion is outlawed. It has established a non-binding unilateral declaration concerning abortion and public morality, annexed to its accession treaty.

The European Charter of Fundamental Rights includes the right to life (Art. 2). The Lisbon Treaty makes the Charter legally binding, see Art. 6 TEU. The EU Court in Luxembourg may therefore formally judge on sensitive moral and ethical questions.

Does the right to life start from the day of birth, or nine months earlier, or when?

From which moment during pregnancy will EU law respect this right to life?

When does life end?

Is euthanasia permitted or not?

These sort of sensitive areas can now be dealt with at European level.

Notes

In July 2002, an European Parliament resolution called for legal access to abortion in both member states and candidate countries.

In 2008 the Council of Europe called for the right to abortion for women.

10 February 2010 the European Parliament called for "easy access" to abortion for all women. The resolution is not legally binding.

Links

Case SPUC v. Grogan - C-159/90 http://eur-lex.europa.eu/smart......mp;numdoc=61990J0159&lg=EN

Treaty of Maastricht http://eur-lex.europa.eu/en/tr......ies/dat/11992M/htm/11992M.html

The European Charter of fundamental rights http://ec.europa.eu/justice_home/unit/charte/index_en.html