Nòμος ó πάντων βασιλɛúς – La loi règne sur tout . À propos de l’arrêt de la Cour européenne des droits de l’homme, Grande Chambre, 5 juin 2015, Lambert et autres c/France

Abstract

Following the Administrative Court of Châlons-en-Champagne and the Council of State, the Grand Chamber of the European Court of Human Rights pronounced, on June 5th, 2015, on the case of Vincent Lambert, tetraplegic and in neurovegetative state as the result of a traffic accident occurred in 2008. The Court notices no violation of article 2 of the Convention and so confirms the position taken by the French courts which approved, in application of the French law, the withdrawal of the artificial nutrition and hydration of the patient. In spite of a certain verbosity, the Court decision remains very careful and, to end in the absence of violation of the Convention, the European judges operate a limited control by taking refuge widely behind the margin of appreciation of States in the sphere concerning the end of life. In a context where the applicants do not seem to be satisfied with the decision of the European court and where the French legislator proceeds to a revision of the legal frame of the end of life, the judgment of June 5th, 2015, if not stops the debate, reopens it.