Federal government initiates amendment of the Assisted Dying Act

Background: Constitutional Court ruling

The background to the amendment is a finding by the Constitutional Court from late 2024. At that time, the highest court had annulled the provision that, after one year, required going through the entire elaborate process for renewing the assisted dying arrangement. Following that decision, the arrangements are currently valid indefinitely. The Assisted Dying Act, in force since January 2022, had originally been introduced following a ruling of the Constitutional Court that had annulled parts of the Criminal Code as unconstitutional. Assisted suicide has been legal in Austria since 2022.

For the initial application for an assisted dying arrangement, two physicians — one of them with a qualification in palliative medicine — must provide information, and the arrangement must be drawn up in writing before a notary or a patient representative. After the first information session, a waiting period of three months is prescribed, which is shortened to two weeks in cases of short life expectancy. To apply, the person concerned must suffer from an incurable, fatal illness or from a serious, permanent illness with persistent symptoms; the consequences must permanently impair the person in their entire way of life, and the illness must involve a state of suffering that cannot be averted in any other way.

Content of the planned amendment

In the future, the renewal should be able to take place either before a medical professional or before a documenting person such as a notary or a patient representative. The prerequisite is a medical confirmation that the person wishing to die continues to have decision-making capacity, continues to have a free and self-determined decision to end their life, and still has an illness within the meaning of the law.

The Society for a Humane End of Life (ÖGHL) had drawn attention to the need for reform at the end of May; it had also — together with individuals — brought the matter before the Constitutional Court (VfGH). The applicants argued at the time, among other things, that the prescribed 'time-consuming and costly' formalities made it practically impossible for suffering people to achieve a swift, accompanied and self-determined death with the assistance of third parties.

Position of the ÖGHL

ÖGHL President Christina Kaneider, referring to the now indefinite validity of the arrangements, spoke in May of a 'significant relief for people with a progressive illness who do not want to end their lives immediately, but who would like to keep this option open to them at any time'. Describing a 'sensible solution' for the legislative remedy, she called for a less complex renewal procedure; the physician also considered an extension of the validity of the arrangement beyond one year to be sensible.

Further procedure

The 2026 amendment of the Assisted Dying Act will be subjected to a public expert review, with the review period ending on 24 June. Only after completion of the review and any possible revision can the government submit a definitive legislative draft to the National Council. APA, 11.6.2026.

For people in acute crises, the Ministry of Health refers to the suicide prevention portal www.suizid-praevention.gv.at and to the telephone counselling service at the toll-free number 142, available around the clock. The Ö3-Kummernummer can be reached anonymously at 116 123 daily from 4 p.m. to midnight, and Rat auf Draht is available around the clock, anonymously and free of charge, at 147. Relatives and friends of people with suicidal thoughts can also find help at www.bittelebe.at.