End-of-life care: Europe is moving forward in a disorganised manner – from euthanasia in Spain to the Italian conundrum
There is no single model for end-of-life care in Europe. Spain and other countries have legalised, in different ways, euthanasia or assisted suicide; France and Italia recognise more limited forms of self-determination, whilst bans still prevail in Eastern Europe. Rules, safeguards and access vary radically from one country to another
by Silvia Martelli (Il Sole 24 Ore) *
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Key points
The right to choose how and when to die remains one of the most controversial issues in European healthcare and legal systems. And even amongst geographically neighbouring countries, the differences are profound. In some countries, such as Spain, a doctor may intervene directly to end the life of a patient who meets specific criteria. In Austria, on the other hand, assisted suicide is permitted; that is, it is the patient who carries out the final act after receiving medical and legal assistance. Elsewhere, such as in France and Italia, the scope is more limited: the refusal of treatment or, in certain circumstances, forms of assistance in dying are permitted, but there is no general right to euthanasia.
Definitions are crucial. In euthanasia, it is a doctor who, at the patient’s request and in the circumstances provided for by law, administers the medication that causes death. In medically assisted suicide, on the other hand, the medication is made available to the patient, who must take it themselves. The withdrawal of life-sustaining treatment is yet another matter, based on the principle of informed consent: in that case, the doctor’s aim is not to cause death, but to respect the patient’s choice not to continue treatment.
Italia: a seven-year wait for a national law
In Italia, the turning point remains Constitutional Court ruling 242 of 2019, which arose from the case of Fabiano Antoniani, DJ Fabo, who was accompanied to Switzerland in 2017 by Marco Cappato. The Constitutional Court ruled that assisted suicide is not a criminal offence when four conditions are met simultaneously: an irreversible medical condition; physical or psychological suffering deemed intolerable by the patient; dependence on life-sustaining treatment; and full capacity to make free and informed decisions. These requirements must also be verified by public facilities within the National Health Service.
Since then, however, Parliament has failed to incorporate that case law into a comprehensive body of national legislation. The result is a multi-speed system. Veneto, Tuscany, Sardinia and Emilia-Romagna have regulated the administrative procedures for access to medically assisted suicide. Collectively, these cover almost 15 million people, roughly one in four Italians. In the rest of the country, however, requests are dealt with through regional administrative measures or on a case-by-case basis by local health authorities, with timescales and procedures that can vary considerably.
The Court has intervened on several occasions since 2019 to clarify the scope of its ruling: from the definition of life-sustaining treatment to the procedures for self-administering the medication, and the scope of the Regions’ powers.


