Le Conseil constitutionnel a le dernier mot sur l'aide à mourir

France's Constitutional Council Has Final Say on Active Euthanasia French lawmakers are poised to finalize legislation allowing active euthanasia, with the constitutional council set to make its final determination. The proposal has sparked intense debate among political factions, religious institutions, and medical professionals. President Emmanuel Macron supports the measure as a significant societal advancement, drawing parallels to the 1975 legalization of abortion. However, conservative senators and the Catholic Church have consistently opposed the reform, fearing it undermines fundamental rights. The government, led by Prime Minister Sébastien Lecornu, faces uncertainty ahead of a crucial vote in the National Assembly. Lecornu has decided to consult the nine members of the constitutional council before the vote, seeking reassurance that the new law does not violate France’s constitutional principles of individual freedom and dignity. The council will assess whether the two-day waiting period for patients requesting euthanasia is sufficient. It will also evaluate whether protections for individuals with limited decision-making capacity are adequate to prevent misuse of the law. The proposed law defines “right to self-determined death” as applicable only to adults who are not terminally ill but whose condition is deemed incurable and death imminent within a short or medium timeframe. Patients must possess full decision-making ability, hold French citizenship to prevent “euthanasia tourism,” and meet other criteria such as having a panel of doctors involved and lacking effective pain relief options. Alzheimer’s and dementia patients are explicitly excluded from eligibility. A 2016 law permitting deep sedation for the terminally ill does not extend to active euthanasia. To protect medical facilities offering euthanasia services, the bill introduces new criminal offenses against threats or intimidation directed at patients or staff. Penalties include up to two years in prison and fines of up to €30,000. This approach mirrors the legal framework surrounding abortion, where opponents face penalties for obstructing procedures. Public figures, including singer Françoise Hardy, have influenced the national conversation on euthanasia. Hardy, who suffered from two terminal cancers since 2004, wrote to Macron expressing her belief that leaving someone to suffer until death was inhumane. She passed away in June 2024. The legislative process began with a citizens' convention convened by Macron in December 2022, selecting 184 participants through a representative random draw. The National Assembly first considered the draft in May 2024, though delays due to government changes slowed progress. The Senate rejected the proposal three times, once in January, once in May, and again on July 7th. Meanwhile, the National Assembly approved it in May 2025, February, and June 2026. In an unusual scenario, if the two parliamentary chambers disagree, the constitutional council would ultimately decide the fate of the law.