The Role of Ethics and Morality in EU Law

Abstract

The aim of this article is to reflect on the role of ethics and morality in EU law. Two specific biolegal fields of study constitute the primary object in this regard; funding of research into human embryonic stem cells (hESCs) and the patentability hereof. The reason why the choice has fallen upon these aspects in particular is that they are both pivotal to the pursuit and realisation of the therapeutic and commercial prospects ascribed to hESC research. Whilst the said prospects are enormous the Member States' different outlook upon the permissibility of engaging in such activities is, however, equally immense because of their different cultural background and religious inheritance. Due to the various approaches towards the ethical issues raised in this regard the European Community is therefore faced with a great challenge. It is in the light of this challenge that the reflections on the role of ethics and morality in EU law are to be seen.