Could Physician-Assisted Suicide be Classified as a Service Under Article 49 of the European Community Treaty?

Abstract

This paper considers whether it is possible to classify physician assisted suicide (PAS) as a ‘service’ for the purposes of Article 49 of the European Community Treaty. It suggests that if PAS were to be formally recognised as a ‘service’ for the purposes of European Community (EC) Law, it is unlikely that the UK Government would be able to deny terminally ill Britons from exercising their rights as EU Citizens to obtain PAS in the more permissive jurisdictions of Member States. This paper will demonstrate that the provision of PAS in a Member State by a Dignitas-type organisation could easily fulfil the requirements of Article 49 and be recognised as a service under Community Law. Owing to the considerable rights that the classification of PAS as a ‘service’ under EC Law would afford terminally ill individuals, the paper will examine the case law of the European Court of Justice relating to the free movement of services. This jurisprudential analysis will contend that it is unlikely that a Member State could invoke any of the agreed exceptions to Article 49 as a method of restricting the availability of PAS as a service within its jurisdiction.