SELF-ADMINISTRATION OR PRACTITIONER ADMINISTRATION? THE SCOPE OF FUTURE GERMAN ASSISTED DYING LEGISLATION.

This article examines the legal landscape and potential future framework for assisted dying in Germany following the 2020 German Federal Constitutional Court ruling that declared a 2015 criminal law penalizing recurring suicide assistance unconstitutional and recognized a right to a self-determined death, including the use of suicide services. Despite this ruling, no comprehensive assisted dying legislation with safeguards for vulnerable individuals has been enacted, resulting in practical barriers such as inconsistent medical professional regulations and restricted access to lethal substances. The article analyzes whether future legislation should permit only self-administration of lethal substances or also allow practitioner administration, comparing international models and emphasizing the Constitutional Court's principles of protecting vulnerable persons and safeguarding individual autonomy. It concludes that a framework offering eligible individuals a free choice between self-administration and practitioner administration, accompanied by appropriate safeguards, best aligns with the Court's guidance on end-of-life decision-making.