Key Benefits:
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
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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