The Minister of health ignored the judgment : Jens Spahn prevents euthanasia

Despite a court judgment to the tax obligation of lethal drugs to terminally ill Federal Minister of health, Jens Spahn (CDU) has prevented active appropriate measures taken by the competent Federal office for pharmaceuticals and medical products (BfArM) in Bonn. As the authority told the daily mirror, 93 of a total of 123 requests rejected. A positive decision in a single case. 22 suicide-willing applicant to be deceased in the waiting period.

"With its illegal delaying tactics by the Federal Ministry of health has got severely sick now, small," criticized the FDP-health politician, Katrin Helling-Plahr. This Wednesday, the Bundestag is considering a request of the FDP parliamentary group, to clarify the legal position clear and to provide for the terminally Ill a way to come to die drugs.

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Spahn, a lock has, without the examination of individual cases

The Federal administrative court had decided in March of 2017, in the last instance, that seriously ill people in unbearable Suffering from the BfArM, acting, exceptionally, a permit to purchase lethal-stun can receive funds. The Federal Ministry of health (BMG), however, refuses the judgment to implement, since it requires the state to suicide assistance.

Although the BfArM declared officially, it is the applications for notices "after a careful review of the individual case, taking into account the individual circumstances." However, from internal documents of the Federal Ministry of health, which had to be published under the freedom of information act (IFG) in the daily mirror, shows that Spahn at an early stage has a lock – without, it should arrive on more tests.

The letter is a decree - "so meant and intended"

As stated in a Memorandum from June of last year: "in accordance with the requirement of the Minister" should be withheld from the BfArM pending applications for the grant of a work permit for narcotics for the purpose of self-killing "in the results." The officials produced a letter for the state Secretary Lutz Stroppe to the BfArM, this should be the concern of only as Please formulate. Internally, the officials were, however, no doubt as to the liability of the announcement: The letter was to be regarded as a "decree against the BfArM" and this was "so common and wanted," it says. The "Please" at the BfArM come "as a result of the effect of a non-application decree." Such decrees of ministries, subordinate authorities, to pass the final judgments are politically highly controversial and, to date, only of the tax law known.

The FDP-politician Helling-Plahr is convinced, therefore, that the remaining applicants have no Chance. And people need to complain, if you want to fight back against the rejection: "Each of the rejected applicant, Jens Spahn imposes by his decree the lengthy legal process". According to daily mirror information, seven cases are currently pending, mostly in the administrative court of Cologne. Also, the Federal administrative court is on 6. June 2019 again in a euthanasia case to decide.

Five variants, the officials play - to comply with the judgment, it will be discarded

Other action alternatives were of Spahn previously been rejected. The Department had proposed in the BMG initially as "variant 1": "not to decide on the present requests, further delaying". This passive attitude, however, is "to enforce politically increasingly difficult. "Legally, it is not in anyway". The media also signed the picture of a idle Federal government, which would let people just die. "BMG is at work in this representation, a cynical". As "variant 2" has not been proposed a "BMG-statement" to skip the judgment, even if the "was under the rule of law aspects unheikel". "Variant 3", a constitutional court, the so-called standard confirmation procedure has been declared as a "politically difficult to implement". "Version 5", the judgment of the Federal court, "making it the rule is in the case of Supreme Federal authorities," was also rejected: It would open "the door to state involvement in the assisted suicide".

With a Post-it note Spahn sets the course

"option 4", the project, together with the SPD, a ban on lay down, deadly narcotics ("failed, That would be the Royal road"), of the Parliament. Although Spahn card had been communicated to the files of the BfArM in April 2018, with the SPD group, head of Andrea Nahles and the former CDU parliamentary leader Volker Kauder had already "agreed to reach a clear position in the narcotics law (i.e., prohibiting the sale of narcotics)". But the SPD members did not want to participate. 16. June stuck Spahn a yellow Post-it notes in the files: "Since SPD does not want to Change/clarification, remains, in my view, only Option 2. Please prepare“.

at the end of June, the Stroppe-Letter to the BfArM, then, was begun with the rejection of the applications. Meanwhile, also be provided only one to three new applications per month. Concerned, it is clear that you are already rejected. In the BMG was clear that this approach offers a "political and public attack surface". Reference was also made to the risk that because of the "external effect" of the letter claims in the future, directly to the BMG could be addressed.

95.200 Euro, the authorities paid for a legal opinion - the result of state-fixed

in order To hedge his controversial stance in the public debate, had ordered the Ministry to the former Federal constitutional court judge and declared euthanasia opponents Udo Di Fabio at an early stage, a legal opinion, in which the latter expressed the view that the decision of the Leipzig judges of 2017 was constitutionally untenable. This report served to clearly less the technical advice of the Ministry of external effect. In a BMG-Memorandum to the report mandate: "the goal should be for the public and political communication on the basis of such an opinion make it clear that the Federal administrative court enabled here is a anything other than clear or enforcement and as a result failed-reaching decision has been taken."

The BfArM has still paid for 95.200 Euro to the appraiser, such as the daily mirror has now confirmed. "The Minister of health based on an expert opinion, the result of which was before creation and he has wasted taxpayers' money," says the FDP politician, Helling-Plahr. "The Affected but need quick legal security to be able to die."

assistance

you Have dark thoughts? If it is not good or you keep in mind to take the life of, try to talk with other people about it. This can be friends or relatives. But there are also a variety of services that you can report.

The telephone helpline is anonymous, free and available around the clock. The telephone numbers are 0800/111 0 111 and 0800/111 0 222 .

Furthermore, there is the telephone counseling, the offer of help-Chats. Also, there is the possibility of an E-Mail consultation. The registration is anonymous and free of charge – on the website. Information, please visit: www.telefonseelsorge.de

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Suffering of seriously ill government die help judgment

Jost Müller-Neuhof

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