ASPECTE JURIDICE RELATIV LA PROCEDURA EUTANASIEI
LEGAL ISSUES RELATED TO EUTHANASIA PROCEDURE

Summary/Abstract: The analysis of the opportunity of legalizing euthanasia in the European Union can be achieved only by comparison with the axiologic system predominantly assumed by a particular Member State. Given the socio-ethical context, we must take into consideration the diversity of options for the acceptance of such a procedure. Although the homogeneous approach of the issue of euthanasia was initially considered, the ECHR found that such an action was clearly doomed to failure and could consist in an institutional blockage determined by the Member States national feature. Thus, the ECHR approach was the pragmatic policy of avoiding to impose a single vision that would have been received as invasive, because it is mostly a national procedure. On the other hand, by avoiding the acceptance of euthanasia procedure in an unconditional manner, we might consider that the ECHR used an evasion to avoid a possible infringement of the principle that punishes the homicide (in relation to assisted suicide) as the principle was regulated in art. 2 of the Convention. The interest in studying the issue of euthanasia attracted us mainly due to the problem of the capability of inheritance for the person who assists or helps de cuius to benefit from this procedure. We mention that this issue will be analyzed in a subsequent article, putting into balance valences of committing the intentional criminal act in relation to fulfilling the will of the deceased.

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