► What does Emmanuel Macron propose, and why?
Coming to present to MEPs France’s priorities for the rotating presidency of the Council of the EU, Emmanuel Macron proposed, on Wednesday 19 January, to ” consolidate “ the European Charter of Fundamental Rights. “I hope that we can update this charter, in particular to be more explicit on the protection of the environment or the recognition of the right to abortion. Let us open this debate freely with our fellow citizens of great European consciences to breathe new life into our foundation of rights”, did he declare.
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Emmanuel Macron knew he was observed on this question, in the middle of the electoral campaign. “Paris has prepared the ground so as not to lend itself to criticism”, explains European policy expert Christian Lequesne. The liberal group to which Emmanuel Macron belongs at European level (Renew) supported the candidacy of the Maltese Roberta Metsola, elected the day before President of the European Parliament in the first round. The latter, from the EPP (right), is known for her anti-abortion positions.
► What would amending the current Charter of Fundamental Rights entail?
Adopted on December 7, 2000, this Charter became legally binding when it was incorporated into the Lisbon Treaty, itself in force since 2009. It has the same value as a treaty. Broken down into several values (dignity, freedom, equality, solidarity, citizenship, justice), it notably guarantees the abrogation of the death penalty in the EU. And sets a prerequisite for any new membership.
Add to it what is now dubbed a “Simone Veil Pact” for an abortion“safe and accessible” would require a revision of the Treaties, according to the ordinary procedure. “In practice, this political and electoral position seems to me quite illusory”, warns European law expert Isabelle Bosse-Platière, who judges the process “very cumbersome, long and uncertain because it requires the unanimity of the Member States”.
Alongside Emmanuel Macron, Roberta Metsola declared on Wednesday January 19 that she would comply with the wishes of MEPs beyond her personal convictions. The support of pro-lifers in Malta hardly lasted more than twenty-four hours: ” What a shame ! We remind you that you also represent the rights of all the little girls still in the womb”, reacted the organization Life Network Foundation Malta.
► Is access to abortion homogeneous in Europe?
With the exception of Malta, where abortion is punishable by three years in prison (for both the woman and the practitioner), all European countries include in their law a more or less open access to abortion. Ireland, which was one of the last to ban it, passed a law authorizing it until the 12e week of pregnancy, following a referendum on the issue, May 25, 2018.
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The conditions giving the right to abortion can nevertheless vary greatly from one country to another. In the Netherlands, abortion is possible until the 21e week. Conversely, the Polish Constitutional Court, dominated by the PiS in power, drastically reduced its practice in October 2020. Since this decision promulgated on January 27, it is prohibited to carry out an abortion in the event of a serious malformation of the fetus or incurable disease that threatens her life, which already accounted for almost all of the 1,000 abortions performed each year in Poland. France experiences between 215,000 and 230,000 voluntary terminations of pregnancy per year.