In a press conference following the Council of Ministers, António Leitão Amaro stated that the Constitutional Court’s decision confirms the “justification the Government had for not regulating the law” due to the “strong possibilities of it being declared unconstitutional.”
“As far as this Government can conclude, it is a law against the Constitution. The Government did well not to regulate it; today, the regulation would have fallen, or yesterday it would have fallen, due to the collapse of essential and structural parts of the law. And that’s all that concerns this Government. The Government did well not to regulate it,” he added.
When asked about what the PSD and CDS might do in the next legislative term if they return to power, Leitão Amaro expressed no desire to “comment on the intentions of the parties and their choices,” indicating that the “new parliament will have to decide what it deems fit” after the elections on May 18.
Yesterday, the Constitutional Court reiterated that the fundamental law “neither categorically imposes nor prohibits” the legalization of medically assisted dying, delegating to the legislature a “margin for balancing between the values of individual freedom and human life.”
However, the judges from Palácio Ratton highlighted “legislative oversights” by pointing out, among other issues, that certain parts of the law passed by parliament in 2023 suggest that patients have the right to choose between suicide or euthanasia. This is considered problematic because the decree specifies that medically assisted dying can only proceed through euthanasia if assisted suicide is not possible due to physical incapacity.
This ruling followed a request for successive review by a group of PSD deputies and the Ombudsman, Maria Lúcia Amaral.
