Framing and legitimating EU legal regulation of human gene-editing technologies: key facets and functions of an imaginary

Aurélie Mahalatchimy (1) , Pin Lean Lau , Phoebe Li , Mark L Flear

1 DICE - Droits International, Comparé et Européen

Gene-editing technologies, i.e. those able to make changes in the DNA of an organism, are the object of global competition and a regulatory race between countries and regions. There is an attempt to craft legal frameworks protective enough for users, but flexible enough for developers of gene-editing technologies. This article examines the imaginary built into the framing of EU-level legal regulation of human gene-editing technologies and identifies its three key related facets: the tension around naturalness; safeguarding morality and ethics; and the pursuit of medical objectives for the protection of human health. Concerns around the use of gene-editing technologies in relation to eugenics and human enhancement have produced a multi-faceted imaginary. We argue that this imaginary not only places a limit on EU-level regulation, despite a strong EU competence in respect of the internal market, but also seeks to ensure its legitimation.

Mots clés: Imaginaries; Law; Science and Technology Studies; European Union; Framing; Gene editing

Domaines: Droit

Aurélie Mahalatchimy, Pin Lean Lau, Phoebe Li, Mark L Flear. Framing and legitimating EU legal regulation of human gene-editing technologies: key facets and functions of an imaginary. Journal of Law and the Biosciences, 2021, 8 (2), ⟨10.1093/jlb/lsaa080⟩. ⟨halshs-03405301⟩