Abstract
Organ transplantation contributes to the improved quality of life of many patients and saves the lives of many more. Due to developments in medical technology, the demand for transplant organs has increased and this has led to a chronic shortage of organs. The European Commission made an action plan to increase the supply of organs throughout the EU and suggested the needs of coordination at EU level regarding organ donation. The essential and common principle of transplantation in the EU is voluntary unpaid donation. However, the legal process for establishing donor consent varies from member state to member state and may take the form of either an "opt in" or an "opt out" system. Japan amended its organ transplantation law as follows. If the wishes of the deceased are unknown, then a relative can give vicarious consent. This should ease the gap in supply and satisfy the demand for organs. Some EU countries have switched from an "opt in" to an "opt out" system in order to increase the number of donors. First of all, we will examine the background of organ transplantation policy, starting at EU level. Secondly, we shall consider the legislation on the consent system related to organ donation in the Member States of the EU. Finally we will discuss the impact of the presumed consent system on organ donation and ethical issues raised by consent systems. The conclusion will demonstrate the importance of international coordination of organ donation policy to combat organ trafficking, preserving the independence of action of individual nations concerning the application of ethical principles related to the issue of organ consent. We will see that is because systems for evaluating the donor's will have been formulated based on the cultural historical and ethical background of each country.
