Euthanasia Law: The Legislative Journey in Luxembourg
The path to legalizing euthanasia in Luxembourg was a complex process involving intense parliamentary debate, constitutional scrutiny, and a significant shift in the powers of the monarchy. The journey from a proposed bill to a promulgated law highlights the tension between legislative will, legal certainty, and personal conscience.
The Initial Legislative Process
The bill was first introduced in the Chamber of Deputies by members of the LSAP (Luxembourg Socialist Workers' Party) and the Green party. On February 19, 2008, the Chamber approved the law at its first reading with a vote of 30 in favor, 26 against, and 3 abstentions.
However, the process faced a hurdle during the mandatory review by the Council of State, the body responsible for ensuring the constitutionality of new laws. The Council raised concerns regarding legal uncertainties, which required the parliament to spend several months refining the text. These doubts were finally resolved by late 2008, leading to a second approval on December 18 with 31 votes for, 26 against, and 3 abstentions.
[ไม่มีภาพประกอบ]Constitutional Conflict and the Role of the Grand-Duke
Despite the parliamentary approval, the law faced a significant obstacle: Grand-Duke Henri announced that he would not assent to the law based on reasons of conscience. In the Luxembourgish system, the Grand-Duke's assent was traditionally required for a law to take effect.
To resolve this deadlock, Prime Minister Jean-Claude Juncker coordinated with all parties in the Chamber to pursue a constitutional amendment. This amendment aimed to strip the Grand-Duke of certain powers, specifically removing the word "approves" from Article 34 of the Constitution. This change meant the Grand-Duke would retain only the right to promulgate—the formal act of proclaiming a law—rather than having the power to approve or veto it.
The Amendment Process
- December 11, 2008: The Chamber approved the constitutional amendment at first reading with 56 votes in favor and one abstention.
- February 11, 2009: A petition against the amendment failed, gathering only 796 signatures, far short of the 25,000 required.
- March 12, 2009: All 52 Deputies present approved the law at the second reading.
Following these events, the Grand-Duke provided his assent for the final time under the old rules. The euthanasia law was officially promulgated with the signatures of the Grand-Duke and Health Minister Mars Di Bartolomeo.
Key Facts
- Introduced by: LSAP and Green party members.
- Final Vote: Approved by all 52 present Deputies on March 12, 2009.
- Constitutional Change: Article 34 was amended to remove the Grand-Duke's power to "approve" laws.
- Petition Result: Only 796 signatures were collected against the amendment (25,000 were needed).
- Signatories: The law was signed by Grand-Duke Henri and Health Minister Mars Di Bartolomeo.
| Date | Event | Outcome |
|---|---|---|
| February 19, 2008 | First reading in Chamber of Deputies | Approved (30 for, 26 against, 3 abstentions) |
| Late 2008 | Council of State Review | Legal uncertainties raised and resolved |
| December 11, 2008 | Constitutional amendment first reading | Approved (56 for, 1 abstention) |
| December 18, 2008 | Law approved again | Approved (31 for, 26 against, 3 abstentions) |
| February 11, 2009 | Petition against amendment | Failed (796/25,000 signatures) |
| March 12, 2009 | Second reading of the law | Approved (52 for, 0 against) |
Frequently Asked Questions
Who introduced the euthanasia bill?
The bill was introduced in the Chamber of Deputies by members of the LSAP and the Green party.
Why did the Council of State delay the law?
The Council of State raised concerns regarding legal uncertainties within the bill, which the parliament had to resolve before the law could proceed.
Why was the Constitution amended?
The Constitution was amended because Grand-Duke Henri refused to assent to the law for reasons of conscience. The amendment removed the Grand-Duke's power to "approve" laws, leaving him only the power to promulgate them.
Did the public successfully oppose the constitutional amendment?
No. A petition against the amendment failed to reach the required 25,000 signatures, collecting only 796.
Who were the final signatories of the law?
The law was promulgated with the signatures of Grand-Duke Henri and the Health Minister, Mars Di Bartolomeo.