Act on the Establishment of the German Ethics Council (Ethics Council Act - EthRG)
of 16 July 2007 (German version in: BGBl. I p. 1385); entered into force on 1 August 2007
The translation of the Ethics Council Act (Gesetz zur Einrichtung des Deutschen Ethikrats) into English is intended solely as a convenience to the non-German-reading public. The English version is not binding and has no legal effect for compliance or enforcement purposes.
Section 1
Establishment of the German Ethics Council
An independent council of experts shall be formed, bearing the name German Ethics Council.
Section 2
Duties
(1) The German Ethics Council shall pursue the questions of ethics, society, science, medicine and law that arise and the probable consequences for the individual and society that result in connection with research and development, in particular in the field of the life sciences and their application to humanity. Its duties shall include but not be limited to the following:
- informing the public and encouraging discussion in society, engaging the various social groups;
- preparing Opinions and recommendations for political and legislative action;
- cooperation with national ethics councils and comparable institutions of other states and of international organizations.
(2) Every year, the German Ethics Council shall hold at least one public event on questions of ethics, in particular in the field of the life sciences. In addition, it may hold further public events, hearings and public meetings.
(3) The German Ethics Council shall prepare its Opinions on the basis of its own determination, at the request of the German Bundestag or the German Federal Government. It shall forward its Opinions to the German Bundestag and the Federal Government for their information before publication.
(4) The German Ethics Council shall report in writing to the German Bundestag and the Federal Government at the end of each calendar year on its activities and the current state of the social debate.
Section 3
Position
The German Ethics Council shall be independent in its work and bound only by the mandate given to it by this Act. The members of the German Ethics Council shall exercise their office in person and independently.
Section 4
Members
(1) The German Ethics Council shall be composed of twenty-six members specializing in scientific, medical, theological, philosophical, ethical, social, economic and legal concerns. Its members shall include academics from the above disciplines, and in addition it shall include persons of repute who are particularly familiar with ethical questions of life sciences.
(2) The German Ethics Council shall contain representatives of a variety of ethical approaches and a pluralist spectrum of opinion.
(3) The members of the German Ethics Council may not belong either to a legislative body of the Federal Republic or a Land nor to the Federal Government or a Land government.
Section 5
Appointment and term of office of members
(1) The President of the German Bundestag shall appoint the members of the German Ethics Council, half on the proposal of the German Bundestag and half on the proposal of the Federal Government.
(2) The members shall be appointed for a four-year term. They may be re-appointed once.
(3) The members may at any time declare their resignation from the German Ethics Council in writing to the President of the German Bundestag. If a member leaves prematurely, a new member shall be appointed for a four-year term. In this case, the appointment of the new member shall be on the proposal of the body that submitted the proposal of the resigning member under paragraph 1.
Section 6
Working methods
(1) The German Ethics Council shall elect a chair and vice-chair or vice-chairs from among its members by secret ballot for a four-year term. They may be re-elected once.
(2) The German Ethics Council shall adopt rules of procedure.
(3) The German Ethics Council may establish working groups and have reports prepared by third parties.
Section 7
Public deliberations
(1) The deliberations of the German Ethics Council are public; it may also meet in closed session and publish the results of such deliberations.
(2) The German Ethics Council shall publish its Opinions, recommendations and reports.
(3) If, in the drafting process, members have a dissenting view, they may express this in the Opinion, the recommendation or the report.
Section 8
Administrative office
The German Ethics Council shall be supported in carrying out its duties by an administrative office. The administrative office shall be established by the President of the German Bundestag. It shall report to the chair of the German Ethics Council.
Section 9
Duty of confidentiality
The members of the German Ethics Council and the members of the administrative office shall observe confidentiality with regard to deliberations in closed session and documents regarded as confidential by the German Ethics Council. The duty of confidentiality shall also apply to information that is given to the German Ethics Council and described as confidential.
Section 10
Costs
(1) The members of the German Ethics Council shall receive a lump-sum expense allowance and reimbursement of their travel costs under the Bundesreisekostengesetz (Federal Travel Expenses Act). The expense allowance shall be determined by the President of the German Bundestag.
(2) The costs of the German Ethics Council and its administrative office shall be borne by the Federation.
Section 11
Entry into force
This Act shall enter into force on 1 August 2007.