Third law amending childcare law

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Basic data
Title: Third law amending childcare law
Short title: Living Will Act (not official)
Abbreviation: 3. BtÄndG (not official)
Type: Federal law
Scope: Federal Republic of Germany
Issued on the basis of: Art. 74 para. 1 no. 1 GG
Legal matter: Right of care ,
right of voluntary jurisdiction
Issued on: July 29, 2009
( BGBl. I p. 2286 )
Entry into force on: September 1, 2009
GESTA : C146
Please note the note on the applicable legal version.

The legal institution of living wills was legally regulated for the first time in Germany through the Third Act on the Amendment of Care Law. The law is therefore colloquially referred to as the Living Will Act. It came into force on September 1, 2009 after intensive social and parliamentary discussion.

content

The third law amending childcare law consists of three articles . Article 1 amended the Civil Code . Two new paragraphs have been added:

The previous section 1901a - Written care requests , health care proxy - became section 1901c . Section 1904 - approval of the supervision court for medical measures - has been reformulated.

Article 2 of the third law amending the right to care for childcare adapted the law on the procedure in family matters and in matters of voluntary jurisdiction , i.e. procedural law, to the new provisions in the civil code.

Article 3 regulates the entry into force of the law.

Legislative process

In September 2006, the 66th German Lawyers' Conference voted with a large majority in favor of statutory regulation of euthanasia and the binding nature of living wills. Discontinuation of treatment and failure to take life-sustaining measures should be legally permitted even before the dying phase and it should be expressly made clear that doctors do not commit themselves to be punishable in such cases. A wide and controversial public debate ensued. Several bills were introduced in the German Bundestag, which reached different levels and made different demands on an effective living will. The parliamentary group requirement in the Bundestag was lifted.

Based on the consultation on March 29, 2007, three new drafts were submitted. First, on March 6, 2008, Joachim Stünker and 205 other members of parliament from various parliamentary groups introduced a joint draft law to the Bundestag, which, after the first reading in the Bundestag on June 26, 2008, was referred to the Legal, Financial, Family and Health committees has been.

On October 21, 2008, the MP Wolfgang Bosbach and 50 other MPs presented a cross-factional group motion, which was based on Bosbach's draft from March 2007, but was changed to the effect that a living will had to be enforced by the supervisor if it was notarized (after Instruction about the legal effects and cancellation options) and was not older than five years. The once again expanded draft, which also contained provisions on power of attorney, care decrees, the waiver of treatment and the financing of advisory services by the health insurance funds, was presented to the Bundestag on December 16, 2008.

Another draft law was presented on November 11, 2008 by a group of 33 members of the Bundestag around the members Wolfgang Zöller and Hans Georg Faust . He deliberately limited himself to regulating only what was absolutely necessary. Another amended version of this draft, which also contained regulations on the form of the living will and the determination of the patient's will in the event of inability to make a decision, was introduced to the Bundestag on December 18, 2008. The first discussion on these two bills took place in the Bundestag on January 21, 2009.

After an expert hearing in the Legal Affairs Committee of the Bundestag on March 4, 2009, the second and third reading of all drafts took place on May 28, 2009; the groups around Stünker and around Zöller made final changes to their designs at the beginning of May. On June 18, 2009, a vote was taken on the three existing bills, as well as on a motion from a small group of MPs, which aimed at not regulating the subject of living wills at all. With a majority of 317 votes, 233 votes against and 5 abstentions, the Bundestag finally adopted the draft of a third law amending the right to care for MPs Stünker, Kauch, Jochimsen and other MPs.

literature

  • Wolfram Höfling: The new living will law . In: New legal weekly . 2009, p. 2849-2852 .
  • Rolf Cloeppus: Open questions about the “ Living Will Act ” . In: New legal weekly . 2011, p. 2085 ff .
  • Wolfgang Lange: The Living Will Act - Overview and critical appraisal . In: Journal for Inheritance Law and Property Succession . 2009, p. 537-544 .

Web links

Individual evidence

  1. ↑ cf. BGH, decision of September 17, 2014 - XII ZB 202/13
  2. ↑ resolutions; 66th German Juristentag; Stuttgart, September 19-22, 2006. (PDF; 207 kB) (No longer available online.) Deutscher Juristentag eV, pp. 7–14 (especially p. 9) , archived from the original on September 28, 2007 ; Retrieved June 19, 2009 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. ; see. also: (PDF file; 453 kB) @1@ 2Template: Webachiv / IABot / www.djt.de
  3. ^ German Bundestag, 16th electoral term, minutes of the 91st session on March 29, 2007 (debate p. 9120–9158, speeches given for minutes p. 9275–9285, PDF) (2.27 MB); Full texts of all bills and supplementary materials ; Statement by the Guardianship Court Association ( Memento from August 6, 2007 in the Internet Archive ) (PDF; 157 kB); Overview of the draft laws ; The current legal situation compared to the group application Bosbach, Röspel, Winkler, Fricke MdB et al.
  4. ^ Synopsis of the three discussion drafts available on May 15, 2009 (Bosbach, Zöller, Stünker). In: Online lexicon of care law. May 17, 2009. Retrieved June 24, 2009 .
  5. ^ Draft law by the MPs Joachim Stünker, Michael Kauch, Dr. Lukrezia Jochimsen, Jerzy Montag and others: Draft of a third law to change the care law. (PDF; 631 kB) In: BT-Drs. 16/8442. German Bundestag, March 6, 2008, p. 4 , accessed June 29, 2009 .
  6. ↑ German Bundestag, 16th electoral term, minutes of the 172nd session on June 26, 2008 (pp. 18260–18274, PDF) (3.31 MB)
  7. ^ Draft of a law anchoring living wills in care law (Living Wills Act - PatVerfG, BT-Drs. 16/11360, PDF) (368 kB)
  8. ↑ Draft of a law to clarify the binding nature of living wills (Living Wills Liability Act - PVVG, BT-Drs. 16/11493, PDF) (232 kB)
  9. ↑ German Bundestag, 16th electoral term, minutes of the 199th session on January 21, 2009 (pp. 21492–21511, PDF) (1.50 MB)
  10. ↑ Avoid legal over-regulation of living wills (Bt-Drs. 16/13262, PDF) (56 kB)
  11. ↑ German Bundestag, 16th electoral period, minutes of the 227th session on June 18, 2009 (pp. 5094–25127, PDF) (2.97 MB)
  12. ↑ Roll- call votes, living will. (No longer available online.) German Bundestag, June 18, 2009, archived from the original on June 20, 2009 . ;; Stünker draft approved with majority - Bundestag passed law regulating living wills. (No longer available online.) In: Current Issues. German Bundestag, June 19, 2009, archived from the original on June 20, 2009 ; Retrieved June 19, 2009 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.bundestag.de