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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

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PROPOSED LAW NO. 231 /X

Exhibition of Motives

Pursuant to the Resolution of the Council of Ministers No. 39/2006 of April 21, which

has approved the Programme for the Restructuring of the Central State Administration (PRACE),

and of the provisions of the Decree-Law No. 202/2006 of October 27, which approved the organic law

of the Presidency of the Council of Ministers, it was determined that the National Council of the

Ethics for Life Sciences (CNECV) would no longer integrate the central administration of the

State and that it would pass the operation in the parliamentary framework. In addition to realizing the

fund guidance of the PRACE to transfer the CNECV to the Assembly of the

Republic, the present proposed law also represents an opportunity to proceed

still to some changes in the organisation and operation of the Council, verging on

law some of the practices developed in the course of the last few years and seeking to provide the

body of greater capacity for intervention and response to the solicitations that are

directed.

With respect to the competences of the CNECV, the legal regime now proposed comes

expressly recognizing their role in the promotion of training and awareness of the

matters of your competence, either by your initiative or in collaboration with other entities

public, its functions of national representation in international meetings of

congenic bodies, as well as the possibility of dissemination of their activities,

opinions and publications, through the consecration of own editorial capacity.

Attentive the transfer of the CNECV to the Assembly of the Republic, imposed itself

also amend the rules on the designation of its members, in order to translate

this change in the nature of the Council. Thus, the Assembly of the Republic becomes

responsible for the election of six people of recognized merit that ensure special

qualification in the ethical reflection aroused by the life sciences, competing with the Government,

through the Council of Ministers, designate three people of recognized scientific merit

in the areas of biology, medicine or health in general and the life sciences and two

CHAIR OF THE COUNCIL OF MINISTERS

Proposed Law n.

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people of recognized scientific merit, respectively in the fields of law, of the

sociology or philosophy, and by being able to nine other entities to designate persons from

recognized merit that ensure special qualification in the field of issues of the

bioethics (Order of the Doctors, Order of Nursing, Order of Biologists, Order of the

Lawyers, Board of Rectors of the Portuguese Universities, Academy of Sciences

from Lisbon, medico-legal advice from the National Institute of Legal Medicine, Commission for

the Citizenship and Gender Equality and Foundation for Science and Technology, I. P.). Still

with respect to the designation of the holders of the CNECV, the form of designation of the

president and the vice president for an election by the plenum of the body.

Finally, in addition to maintaining the prediction of the existence of a documentation center

of support for the operation of the CNECV, the present proposed law comes to provide

possibility to provide the Council with support services of its own, in particular in what

respects the provision of technical and scientific support for the drafting of opinions, the management of the

documentary background of the CNECV, the organization of events and the dissemination of its

activities.

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law.

Article 1.

Subject

This Law establishes the legal regime of the National Council of Ethics for Science

of Life.

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Article 2.

Nature and mission

The National Council on Ethics for Life Sciences, abbreviated by

CNECV, is an independent advisory body that works with the Assembly of the

Republic and which has the mission to analyse the ethical problems raised by the progress

scientific in the fields of biology, medicine or health in general and of the sciences of

life.

Article 3.

Competences of the CNECV

1-Compete to the CNECV:

a) Systematically monitor the evolution of ethical problems raised by the

scientific progress in the fields of biology, medicine or health in

general and life sciences;

b) Issue opinions on the problems referred to in a previous paragraph, when such

be asked to you under Rule 6, or by your initiative;

c) Present annually to the Assembly of the Republic a report on the state

of the application of new technologies to human life and their implications of

ethical and social nature, formulating the recommendations that have by

convenient;

d) To promote the training and awareness of the subjects of their competence, by

your initiative or in collaboration with other public entities, namely

through the holding of periodic conferences and the public presentation of the

more important issues that have been subjected to their analysis;

e) Ensuring national representation in international meetings of bodies

counterparts;

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f) Disseminate its activities, opinions and publications, available for the purpose of

own editorial capacity;

g) Draw up a report on your activity at the end of each calendar year, to be sent to the

President of the Republic, the President of the Assembly of the Republic and the

Prime Minister and to release on the respective website at the Internet .

2-The CNECV may delegate, in whole or in part, the competences to which the

previous number in the coordinating committee provided for in Article 5 (2), with

exception of those provided for in paragraph b) of the previous number.

Article 4.

Composition

1-The CNECV has the following composition:

a) Six people of recognised merit who ensure special qualification in the reflection

ethics aroused by the life sciences, elected by the Assembly of the Republic second

the method of the highest average of Hondt ;

b) Nine people of recognised merit who ensure special qualification in the

mastery of the issues of bioethics, designated by the Order of Physicians, by the

Order of Nursing, by the Order of Biologists, by the Order of Lawyers,

by the Board of Rectors of the Portuguese Universities, by the Academy of the

Sciences of Lisbon, by the medico-legal council of the National Institute of Medicine

Legal, by the Commission for Citizenship and Gender Equality, heard the

respective technical-scientific advice, and by the Foundation for Science and Technology,

I. P.;

c) Three people of recognized scientific merit, in the areas of biology, of medicine

or of health in general and life sciences, and two people of recognized merit

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scientific in the areas of law, sociology or philosophy, all designated by

resolution of the Council of Ministers.

2-A The designation of the members of the CNECV shall ensure the gender balance of its

composition, not the lists submitted to the election in the Assembly of the Republic

less than a third of people from each of the sexes, nor the set of the people

designated under the paragraph c) of the previous number having less than two fifths of

people from each of the sexes.

3-The mandate of the members of the CNECV is independent from that of the entities that the

designates and has the duration of five years, and may not be renewed more than once.

4-The tenure of the members of the CNECV starts with the taking of possession in the face of the

President of the Assembly of the Republic.

5-The President of the CNECV is freely designated by the President of the Assembly of

Republic.

6-The CNECV elects, from among its members, a Vice-President, to which it competes

replace the president in his absences and impediments.

7-The members of the CNECV are independent in the exercise of their duties, not

representing the entities that have assigned them.

Article 5.

Health

1-The CNECV establishes in internal regulation the discipline of its functioning

2-The CNECV elects from among its members a coordinating committee, of a nature

executive and permanent character.

3-A The coordinating committee is comprised of two personalities from each category of

personalities referred to in paragraph 1 of the previous article.

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4-A The coordinating committee is chaired by the President of the CNECV and integrates still the

vice president.

5-Compete to the coordinating committee:

a) Follow up on the administrative and financial management of the CNECV;

b) Exercise the skills that have been delegated to you by the plenary.

6-By deliberation of the plenary, specialized commissions may still be set up for

analysis of specific issues.

Article 6.

Issuance of opinions

1-Can request the issuance of opinions to the CNECV:

a) The President of the Republic;

b) The Assembly of the Republic, at the initiative of its President, of a Commission

or of a twentieth of the deputies in effectivity of duties;

c) The members of the Government;

d) The remaining entities with a right to designation of members;

e) The public or private centres in which techniques with implications are practiced

of ethical order in the areas of biology, medicine or health.

2-Salvawaited the secrecy situations provided for in the law, the opinions of the CNECV are

public and should be made available on the respective website.

3-The Council may hear from the persons and the entities it deems necessary for the

issuance of its opinions.

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Article 7.

Administrative support

1-A Assembly of the Republic secures administrative, logistical and financial support

necessary for the operation of the CNECV, as well as its installation.

2-Without prejudice to the duty of collaboration of the Library of the Assembly of the Republic and of the

documentary support of public services, the CNECV has a centre of

documentation to serve as a support for its functioning.

3-Without prejudice to the provisions of the preceding paragraphs and to ensure the exercise of their

skills, the CNECV can be endowed with support services of its own,

particularly with regard to the provision of technical and scientific support for the elaboration of

opinions, the management of the documentary fund of the CNECV, the organisation of events and the

dissemination of its activities, in the terms to be fixed by resolution of the Assembly of

Republic.

4-The CNECV is supported by an Executive Secretary, freely appointed and exonerated

by the president, equated for remunerative purposes to personal secretary of the

offices of the members of the Government, to whom it competes:

a) Secretariats the CNECV, preparing the minutes of the meetings;

b) To ensure the good organisation and operation of support services, when

exist, and coordinate the provision of administrative, logistical and financial support by the

Assembly of the Republic;

c) To draw up the draft budget and annual report.

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Article 8.

Administrative and financial management

1-The CNECV has the revenue from appropriations allocated to it in the

Budget of the State, through the budget of the Assembly of the Republic.

2-The CNECV also has the revenue from its publishing business and the

conduct of trainings or conferences, as well as any other revenue

that by law, contract or any other title, they are assigned to it.

3-Constitut expenses of the CNECV those resulting from charges arising from the

pursuit of the skills that are committed to it.

4-Compete to the President to ensure the administrative and financial management of the CNECV.

Article 9.

Paid status

The members of the CNECV are entitled to passwords of presence, of amount to be defined by

dispatch of the President of the Assembly of the Republic, by each meeting in which they participate,

and, as well, for cost aid and transport requisitions under the general law.

Article 10.

Final and transitional provisions

1-Until the taking of possession of the new members of the CNECV designated under the

present law shall remain in office the members designated under the legislation

previous, as well as the support staff in office.

2-The documentation centre of the CNECV to the Presidency of the Council of Ministers

transits to the Assembly of the Republic.

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Article 11.

Abrogation standard

It is repealed the Act No 14/90 of June 9.

Article 12.

Entry into force

This Law shall come into force on the 1. day of the month following that of its publication.

Seen and approved in Council of Ministers of November 7, 2008

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs