Rassemblement National refers assisted dying law to Constitutional Council

Paris – 20 July 2026: According to media reports, Rassemblement National has referred the law on a right to assistance in dying to the Conseil constitutionnel. The right-wing nationalist party is acting five days after the text was finally adopted by the National Assembly. Before it can be promulgated, the law can now enter into force only after the Constitutional Council has ruled.

The National Assembly adopted the bill at its final reading on 15 July 2026 by 291 votes to 241, with 29 abstentions. Under narrowly defined conditions, the law creates an entitlement to apply for assistance in dying. It is intended to apply to adults with French citizenship or permanent lawful residence in France who suffer from a serious and incurable illness with an advanced or terminal prognosis.

Further requirements include persistent physical or psychological suffering that does not respond to treatment, or suffering considered unbearable by the person concerned, as well as the ability to express one’s wishes freely and in an informed manner. A doctor decides on the application through a collegial procedure. After a reflection period, the person concerned may take the lethal substance themselves; if they are physically unable to do so, a doctor or nurse may administer it.

The referral by Rassemblement National expands an already ongoing constitutional review. Prime Minister Sebastien Lecornu announced on 14 July that he would refer three issues to the Conseil constitutionnel: the length of the withdrawal period, safeguards for adults under legal protection, and the compatibility of the conscience clause for medical staff with the self-definition of certain institutions. Senate President Gerard Larcher also referred the matter to the court on 16 July.

Larcher justified his move by citing ambiguities in the final text. In particular, he focused on the two-day deadline for confirming an application, the verification of free and informed consent, access to the courts in cases of doubt, and the scope of the conscience clause. The Senate rejected the bill on 7 July; the National Assembly subsequently prevailed through the procedure under Article 45 of the Constitution.

Rassemblement National had largely opposed the reform in parliament, although some of the party’s members voted for the text. In the vote on 30 June, 103 of the 122 RN members at the time voted against it, 14 in favor, and five abstained. The new referral adds an institutional dimension to the political opposition: the Constitutional Council does not examine the expediency of the law, but rather its compatibility with fundamental rights and the Constitution’s procedural rules.

Under Article 61 of the Constitution, the prime minister, the presidents of both chambers of parliament, or at least 60 members of parliament or senators may refer an adopted but not yet promulgated law to the Conseil constitutionnel. Its decision may uphold individual provisions, attach conditions to them, or strike them down. Only then can the law on assistance in dying be promulgated.