The Legal Framework For The National Council Of Ethics For The Life Sciences

Original Language Title: Regime jurídico do Conselho Nacional de Ética para as Ciências da Vida

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c3342776244497a4d5331594c6d527659773d3d&fich=ppl231-X.doc&Inline=false

PROPOSAL of law No. 231/X explanatory memorandum under Council of Ministers resolution No. 39/2006, of 21 April, which approved the program for restructuring the State's Central Administration (PRACE), and the provisions of Decree-Law No. 202/2006 of 27 October 1999 approved the organic law of the Presidency of the Council of Ministers, it was determined that the National Council of ethics for the life sciences (CNECV) would integrate the central administration the State and that would work within Parliament. In addition to the guidance of the PRACE to transfer the CNECV to Parliament, this Bill also represents an opportunity to proceed still some changes in the Organization and functioning of the Board, shedding for the law some of the practices developed in recent years and looking to provide the greater ability of response and response to requests that you are targeting. As regards the powers of the CNECV, the proposed legal regime comes expressly acknowledge its role in the promotion of training and awareness on matters within its competence, on its own initiative or in cooperation with other public bodies, their functions of national representation at international meetings of congeners, as well as the possibility of disclosure of their activities , opinions and publications through the consecration of its own editorial capacity. The transfer of CNECV to the Assembly of the Republic, it was also changing the rules relating to the designation of their members, in order to translate this Council amendment. Thus, the Assembly of the Republic shall be responsible for the election of six people of recognized merit to ensure special qualification in ethical reflection raised by life sciences, the Government, through the Council of Ministers, appoint three persons of recognized scientific merit in the fields of biology, medicine or health in General and of life sciences and two PRESIDENCY of the COUNCIL of MINISTERS draft law No. 2 people of recognized scientific merit respectively in the fields of law, sociology or philosophy, and nine other entities to designate persons of recognized merit to ensure qualification in the field of special issues of bioethics (order of the Doctors, the nurses, Order order of Biologists, the Bar Association, the Council of Rectors of the Portuguese universities, Academia das Ciências de Lisboa, legal Council of the National Institute of Legal Medicine Commission for citizenship and gender equality, and the Portuguese Foundation for science and technology, I. P.). Still with regard to the designation of the holders of the CNECV, reference is the form of designation of the President and the Vice President for an election by the plenary of the governing body. Finally, beyond maintaining the prediction of the existence of a documentation centre to support the operation of the CNECV, this proposal of law is to provide for the possibility to equip the Council own support services, in particular as regards the provision of technical and scientific support to elaboration of legal opinions, the management of the documentary Fund of the CNECV, the organisation of events and the dissemination of their activities. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill.

Article 1 subject-matter this law establishes the legal regime of the National Council of ethics for the life sciences.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 3 article 2 Nature and mission the National Council of ethics for the life sciences, known as CNECV for short, is an independent advisory body that works with the Assembly of the Republic and who's mission is to analyze the ethical issues raised by scientific advances in the fields of biology, medicine or health in General and the life sciences. Article 3 competence of CNECV 1-it is the CNECV: a) systematically Monitor the evolution of the ethical issues raised by scientific advances in the fields of biology, medicine or general health and life sciences; b) issue opinions on the problems referred to in the preceding paragraph, when so requested in accordance with article 6, or on its own initiative; c) annually Submit to Parliament a report on the State of application of new technologies to human life and its ethical and social implications, formulating recommendations for convenient; d) promote training and awareness on matters within its competence, on its own initiative or in cooperation with other public bodies, including through the holding of periodic conferences and public presentation of the most important issues that have been submitted for your review; and) ensure the representation at international meetings of national counterparts;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 4 f) Disclose their activities, opinions and publications, for the purpose of editorial capacity; g) draw up a report on its activities at the end of each calendar year, submit to the President of the Republic, the President of the Assembly of the Republic and the Prime Minister and to disclose on its Web site. 2-the CNECV may delegate, in whole or in part, the powers referred to in the preceding paragraph in the Coordinating Committee referred to in paragraph 2 of article 5, except those which are provided for in subparagraph (b)) of the preceding paragraph. Article 4 Composition 1-CNECV has the following composition: a) Six persons of recognized merit to ensure special qualification in ethical reflection raised by life sciences, elected by the Assembly of the Republic in accordance with the highest average method d'Hondt method;

b) Nine people of recognized merit to ensure qualification in the field of special issues of bioethics, designated by order of the Doctors, the nurses, order by order of Biologists, by the Bar Association, the Council of Rectors of the Portuguese universities, the Academy of Sciences of Lisbon, the Council of the National Institute of Forensic Legal Medicine, by the Commission for citizenship and gender equality , heard its scientific-technical Council, and by the Foundation for science and technology, I. P.; c) three persons of recognized scientific merit, in the fields of biology, medicine or general health and life sciences, and two persons of recognized merit PRESIDENCY of the COUNCIL of MINISTERS draft law No. 5 in scientific fields of law, sociology or philosophy, all designated by resolution of the Council of Ministers. 2-the designation of the members of the CNECV should ensure gender balance of its composition and the lists submitted to election in Parliament have less than a third of people of each of the sexes, or the set of persons designated under subparagraph (c)) of the previous paragraph be less than two-fifths of people from each of the sexes. 3-the term of Office of the members of the CNECV is independent of the entities that designates and lasts for five years, and may not be renewed more than once. 4-the term of Office of the members of the CNECV begins with the inauguration before the President of the Assembly of the Republic. 5-the President of the CNECV is freely appointed by the President of the Assembly of the Republic. 6-the CNECV elects, from among its members a Vice-Chairman, to which override the President in their absences and impediments. 7-CNECV members are independent in the performance of their duties, does not signify that the designated entities. Article 5 Operation 1-lays down in rules of procedure CNECV the discipline of its functioning 2-the CNECV shall elect from among its members a Commission Coordinator, Executive and permanent in nature. 3-the Coordinating Committee is made up of two personalities of each category of individuals referred to in paragraph 1 of the preceding article.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 6 4-the Coordinating Committee is chaired by the President of the CNECV and also includes the Vice President. 5-the Commission co-ordinator: to) follow the administrative and financial management of the CNECV; b) exercise the powers which have been delegated by the plenary. 6-by resolution of the House can still be created committees for analysis of specific issues. Article 6 issuing opinions 1-may request the issuance of opinions to CNECV: a) the President of the Republic; b) the Assembly of the Republic, at the initiative of its President, of a Commission or one twentieth of deputies in effectiveness of functions; c) members of the Government; (d)) The other entities entitled to appointment of members; e) public or private centres in which they practice techniques with ethical implications in the fields of biology, medicine or health. 2-subject to the situations of secrecy provided for in law, the opinions of the CNECV are public and must be made available on its Internet Web site. 3-the Council may hear people and entities that consider necessary for the issuing of its opinions.

PRESIDENCY of the COUNCIL of MINISTERS draft law No.


7 article 7 administrative support 1-the Assembly of the Republic ensures the administrative, logistic and financial support necessary for the operation of the CNECV, as well as their installation. 2-Without prejudice to the duty of collaboration from the library of Parliament and the support of public services, the documentary CNECV has a documentation centre to support its operation. 3-Notwithstanding the preceding paragraphs and to ensure the exercise of their powers, the CNECV can be equipped with its own support services, in particular as regards the provision of technical and scientific support to elaboration of legal opinions, the management of the documentary Fund of the CNECV, the organisation of events and the dissemination of their activities, in accordance with the fix by resolution of the Assembly of the Republic. 4-the CNECV is supported by an Executive Secretary, freely appointed and dismissed by the President, equated to compensatory effects the personal Secretary of the offices of members of the Government, responsible for: the CNECV Secretary, preparing) the minutes of meetings; b) ensure good organisation and operation support services, where they exist, and coordinate the provision of administrative, logistical and financial support for the Assembly of the Republic; c) prepare draft budget and annual report.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 8 article 8 Administrative and financial management 1-CNECV has the revenue from funds which are allocated in the State budget through the budget of the Assembly of the Republic. 2-the CNECV offers the revenue from its publishing activity and conducting training courses or conferences, as well as any other recipes that, by law, contract or otherwise, are assigned. 3-expenditure of CNECV the resulting from charges arising from the continuation of the skills that you are committed. 4-the President ensure administrative and financial management of the CNECV. Article 9 pay Status CNECV members are entitled to passwords of presence, of the amount set by order of the President of the Assembly of the Republic, for each meeting in participating, as well as the allowances and transport requests, in accordance with the general law. Article 10 transitional and final provisions 1-until the swearing in of new members of the CNECV appointed under this law are still in Office the members appointed under the previous legislation, as well as support staff in functions. 2-the CNECV documentation centre by the Presidency of the Council of Ministers shall be carried over to the Assembly of the Republic.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 9 Article 11 set Standard is revoked the law No. 14/90, of 9 June. Article 12 entry into force this law shall enter into force on the first day of the month following its publication.

Seen and approved by the Council of Ministers of 7 November 2008 the Prime Minister, the Minister of Parliamentary Affairs Minister Presidency