Jean-Éric Schoettl and Jean-Pierre Camby: "The Constitutional Council's decision on assisted dying is extraordinary"

Paris, France – The Constitutional Council's recent ruling on France's assisted dying law has drawn sharp criticism from legal scholars, who deem the decision "extraordinary" and outside the norm. The court, in its deliberation on the legislation establishing a right to assisted dying, stated that it does not possess discretionary powers comparable to those of the Parliament.

Despite this assertion, the judges were compelled to address core legal issues inherent in the bill. Jean-Éric Schoettl, former secretary-general of the Constitutional Council, and Jean-Pierre Camby, a doctor of law, argue that the Council could not sidestep fundamental legal questions raised by the legislation.

Their analysis suggests a complex interplay between judicial review and legislative authority. The decision highlights the intricate legal challenges involved in defining rights and the boundaries of judicial power when interpreting and validating new laws, particularly those concerning sensitive ethical and social matters like assisted dying.