Commentary on Judgement no. 123/2021, dated 15th March (Euthanasia)

Abstract

Judgement No. 123/2021, dated 15th March (Euthanasia), endows the objective dimension of fundamental rights with a restrictive effect on their own subjective dimension, an understanding which poses significant challenges. Even more problematic is the Constitutional Court's grounding, concerning the principle of human dignity, in presuppositions of moral philosophy that are vigorously debated in a pluralist context. The teleological reduction of the inviolability of human life as determined by the Court cannot, therefore, be sustained in these terms. Equally inadmissible would be the grounding of the Court in a purported "European common constitutional law."