Abortion Funding Exceeds the EU’s Competences – Ordo Iuris Opinion submitted to the European Commission

The Ordo Iuris Institute submitted to representatives of the European Commission a legal analysis concerning the European Commission’s communication dated February 26, 2026, relating to the European Citizens’ Initiative “My Voice, My Choice.” This initiative provides for the funding of abortion with EU funds in countries where access to abortion is restricted. The Ordo Iuris document is a detailed study devoted to assessing the compliance of the “My Voice, My Choice” proposals with EU treaties and the principles governing the functioning of the European Union, particularly in the context of the proposed financial mechanism.

The Ordo Iuris opinion notes that the European Citizens’ Initiative is an instrument of participatory democracy; however, it cannot lead to the expansion of the European Union’s competences beyond the scope set out in the treaties. The authors of the document emphasize that, in accordance with the principle of conferral of competences, the Union may act only within the limits of the powers expressly conferred on it by the Member States, and that the absence of an appropriate treaty basis precludes the creation of new financial instruments in areas involving sensitive bioethical decisions.

Particular attention was devoted to the proposed financial mechanism, which provides for the use of existing EU programs, such as EU4Health or the European Social Fund Plus, to fund access to abortion, including travel costs and the procedure itself in other Member States. In the authors’ assessment, such a solution does not formally change the scope of the programs; however, in practice it leads to their expansive reinterpretation, producing a regulatory effect that may affect the national legal and constitutional systems of the Member States.

The legal opinion also notes that, in accordance with Article 168(7) of the Treaty on the Functioning of the European Union, the organization and financing of health care systems remain within the exclusive competence of the Member States. The European Union has only supporting, coordinating and supplementary competences in this area, which cannot be used to harmonize national arrangements in the field of health care, including with regard to so-called bioethical services.

The opinion also refers to the case law of the Court of Justice of the European Union, which confirms the broad autonomy of Member States in moral and ethical matters, including those concerning the legality of abortion. It is noted that the Court consistently avoids imposing uniform standards in this area, leaving the Member States free to shape their national policies.

The document also notes that invoking international law, including non-binding documents such as the Cairo Program of Action or the Beijing Declaration, cannot constitute a basis for creating new obligations for the European Union or justify expanding its competences. It is emphasized that no universally binding international treaty establishes a right to abortion, nor does it impose on states an obligation to finance it.

The purpose of sharing this legal opinion—as the Ordo Iuris points out—is to incorporate legal reasoning into the ongoing institutional debate in the European Union and to draw policymakers’ attention to the need for strict compliance with the limits of competences stemming from EU primary law. The Ordo Iuris opinion is expert in nature and contributes to the assessment of the proposed solutions’ compliance with the European Union’s treaty framework.

“Submitting this legal opinion to the institutions of the European Union stems from the need to point out that the solutions proposed under the ‘My Voice, My Choice’ initiative go beyond the powers conferred on the Union by the Treaties. In particular, we draw attention to the risk of using existing EU financial instruments in a way that, in practice, amounts to shaping policy directions that fall within the exclusive competence of the Member States, which may undermine the constitutional balance of the European Union,” stresses Julia Książek of the Ordo Iuris Center for International Law.