On April 24, 2025, a European citizens’ initiative concluded its collection of signatures. Under the name ‘My Voice, My Choice’, this group of European women is asking the EU institutions to fund “abortion tourism”, enabling women to undergo abortions in countries that are more permissive than their own. As a law professor, I reject this way of using European institutions to circumvent national law. The European Union is based on the Treaties which provide that certain areas remain within the exclusive jurisdiction of the member states; since the EU remains an organization composed of sovereign states. Our personal freedoms as citizens, added together, make up the freedom of our countries to adopt the laws they feel are right. And the founders of Europe were careful to distinguish between what falls within the remit of the Union and what remains within the sovereignty of each nation
As a former European Commissioner for Health, I’m well placed to know that health is precisely a matter for the Member States: indeed, the Union has always been keen to respect the profoundly sensitive ethical dimension associated with health issues. To stealthily delegate such delicate matters to EU institutions would be to leave room for an abuse of power: we should be vigilant against administrative machines that rob us of our freedom to think and act! In the case of ‘My Voice My Choice’, the Commission could not accede to this request without seriously infringing on the freedoms of EU citizens. Already, by registering an initiative that encourages it to “do everything in its power” to exceed its competences, the Commission has infringed on the subsidiarity principle. You can’t play with the fundamental principles of European law without setting a precedent with far-reaching consequences. But the disloyalty lies above all in the subterfuge proposed to the Commission: to set up a mechanism enabling citizens to circumvent their national legislation by obtaining in another country what is illegal in their own, and to financially support this “solidarity effort”. The ruse is clever and skillfully presented: with no concrete proposal for a financing mechanism, the Commission has been able to register this initiative without rejecting it on the grounds of illegality.
‘Our initiative does not aim to harmonize or interfere with the laws and regulations of the Member States but rather falls within the EU’s competence to support’, add the signatories of this initiative. Supporting what, and who? European citizens who wish to derogate from the laws legitimately established by their respective national representations? How could this be anything other than interference with Member States’ legislation? It would be unacceptable for the European Union to circumvent, undermine and thwart national political choices in this way. The Commission cannot contradict head-on the legitimate choices of each Member State in the highly sensitive area of protecting unborn human life.
While abortion falls within the exclusive remit of the Member States, the legal protection of the dignity, right to life, and integrity of every human being from conception falls within the EU’s remit. To be consistent in the exercise of its competences, the EU should put an end to European funding of activities that involve the destruction of human embryos, particularly in the fields of research, development aid and public health. This was the demand of 1.9 million European citizens united in 2014 by the One of Us citizens’ initiative. This initiative remains unrivalled, with a budget five times smaller than the ‘My Voice My Choice’ initiative. The Commission did not follow up… At a time when it is being presented with a diametrically opposed and manifestly illegal initiative, it would be a good idea for it to remember this request—and the choices made by all European citizens in defining its competences.
More than 50 leading personalities, including the chairmen of the NGOs who are members of One of Us all across Europe, politicians, and doctors who work day by day to support women dealing with difficulties in maternity, have signed our petition for life and freedom, opposing an initiative that is diametrically opposed to the EU Treaties.