Правото между науката и етиката: Подходът на европейските наднационавни съдилища към научните технологии и етичните въпроси, свързани с тях
Law in the midway between science, technology and ethics: the approach of the Europian Supranational Courts

Summary/Abstract: The article reviews comparatively two recent decisions of European supranational courts: the ECJ judgement in the case of Oliver Brüstle v Greenpeace e.V. and the European Court of Human Rights’ judgment in the case S.H. and Others v Austria. Both judgements deal with scientific developments and their legal regulation: the 98/44/EC Directive on the legal protection of biotechnological inventions and the Austrian Artificial Procreation Act respectively. The two courts however approach the respective matter in a very different manner. While the ECJ insists on a uniform definition of human embryo on European level, in order to overcome differences on national level across member states and above all protect the principle of human dignity, the European Court of Human Rights opts for the infamous margin of appreciation of States Party to the Convention, doing no justice to its progressive case-law on precedents set by modern science and technology.

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