Ethical EU law? The influence of the European Group on Ethics in Science and New Technologies

The European Group on Ethics in Science and New Technologies (EGE) plays an ambiguous role in the European Union's legal order. Seen from the perspective of the on-going "democratic deficit" debate, EU regulation of biotechnology is problematic. The prize of European competitiveness mandates EU-level law and policy-making to enhance the expansion of the biotechnology industry. Yet a widespread citizen consensus for such expansion is lacking. The article shows that the EGE is significantly influential in bolstering the acceptance of emerging biotechnologies, by supplying authoritative normative endorsement to legislation and administrative activity that supports the activities of market actors within the biotechnology industry. But at the same time, the constitutional status of the EGE is at best "grey", given that it has no firm basis in the European Union's constituent Treaties, or the legislative structures developed to enhance the legitimacy, transparency, accountability, representativeness, effectiveness and efficiency of the European Union's legislative and executive decision-making.