-Decision making on euthanasia
The draft stipulates that “the compliance of the advance directive referred to in the first paragraph shall be in line with rules and procedures set forth in the ministerial regulation”. Once again, it is surprising that such an important substance is not mentioned in the main text itself but relegated to a subordinate law. In deciding to administer euthanasia, the doctor is required to follow strict criteria set forth by law. The doctor’s conduct will be considered criminal or not depends on whether it complies with the law. However, the law does not define what the criteria are but relegates their description to a ministerial regulation which is just a subordinate law. In principle, an act constitutes a criminal offence only when it is so defined by law which identifies the elements of crime, and such law must be adopted by the legislative organ. By the same token, exceptions to an offence, along with its decriminalization elements, must be adopted in the form of law of the same hierarchy. As a consequence, the elements of decriminalization should by all means be stipulated in an Act, not in a subordinate law. Notwithstanding where the criteria should appear, it is important that the criteria should include the proof of an irreversible condition of patient, as well as second opinions of independent doctors.