Advocates Urge EU to Establish Universal Abortion Rights

TL/DR –

Nick Fahy, director of health and wellbeing research at the RAND Europe institute, stated that the EU providing funds to member states for specific health services, such as abortion, could be seen as interfering with its member states’ health policies, which is prohibited under Article 168 of the Treaty on the Functioning of the European Union. The European Commission agreed, indicating that the establishment of a financial support mechanism could potentially interfere with member states’ competences. The Commission will consider a proposal for such a mechanism if a campaign, which has already garnered nearly 100,000 signatures in its first week, reaches one million signatures.

EU Allocation of Funds for Abortion Services: A Legal and Political Challenge?

The European Union’s potential allocation of resources for abortion services in member states might violate Article 168 of the Treaty on the Functioning of the European Union, according to Nick Fahy, director of health and wellbeing research at the RAND Europe institute. Fahy shared with POLITICO that such action could be seen as EU interference in the healthcare policies of its member countries, a move that is not permissible under the mentioned treaty.

Article 168 allows EU support for member nations but clearly states that it must respect each member’s autonomy in defining and delivering their healthcare services and policies. Thus, offering funds to allow women from different countries to have abortions could be seen as a direct intervention in a highly sensitive political issue.

“From both a legal and political perspective between the EU and its member states, I don’t see this action getting sanctioned either legally or politically,” Fahy added.

The European Commission, in its official decision, noted that while there isn’t direct interference in member states’ competencies, setting up a financial support mechanism could potentially lead to such interference. Consequently, it stated that the initiative could be registered if it did not undermine the public order laws or healthcare and ethical choices made by the member states.

A campaign supporting the proposal has already attracted almost 100,000 signatures within a week. If it reaches 1 million signatures within the next seven weeks, the Commission will be obliged to consider the proposal.

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