Precautionary Principle

2018 ◽  
Author(s):  
Paul Craig
Keyword(s):  
Precautionary Principle ◽  
Administrative Law ◽  
Eu Law ◽  
Legal Systems ◽  
The Precautionary Principle

Many of the principles of administrative law discussed previously will be familiar to scholars from their domestic jurisprudence. The precautionary principle differs in this respect. While it is found in some legal systems, such as Germany, it is nonetheless relatively novel as a precept of administrative law. It has, however, become of increased importance in EU law.

scholarly journals The Precautionary Principle: Its Use Within Hard and Soft Law

2012 ◽  
Vol 3 (2) ◽  
pp. 147-156 ◽  
Author(s):  
René von Schomberg
Keyword(s):  
Risk Management ◽  
Adverse Effects ◽  
Precautionary Principle ◽  
Genetically Modified Organisms ◽  
Scientific Information ◽  
Scientific Uncertainty ◽  
Soft Law ◽  
Eu Law ◽  
The Precautionary Principle ◽  
Management Measures

The precautionary principle in public decision making concerns situations where following an assessment of the available scientific information, there are reasonable grounds for concern for the possibility of adverse effects on the environment or human health, but scientific uncertainty persists. In such cases provisional risk management measures may be adopted, without having to wait until the reality and seriousness of those adverse effects become fully apparent. This is the definition of the precautionary principle as operationalized under EU law. The precautionary principle is a deliberative principle. Its application involves deliberation on a range of normative dimensions which need to be taken into account while making the principle operational in the public policy context. Under EU law, any risk management measures to be adopted while implementing the precautionary principle, have to be proportionate to ensure the chosen high level of protection in the European Community.This article will illustrate the established practice concerning the release of genetically modified organisms into the environment and how the principle is implemented under hard law. The article also provides an outlook on what this may imply for the relative new case of nanotechnology and the use of precautionary principle within the context of soft law (use of codes of conduct).

Units and Methods of Comparison

2020 ◽  
pp. 117-136
Author(s):  
Marco D’Alberti
Keyword(s):  
European Union ◽  
Great Britain ◽  
Historical Analysis ◽  
Administrative Law ◽  
Eu Law ◽  
Legal Systems ◽  
Legal Context ◽  
The Us ◽  
Global Law ◽  
Over Time

This chapter presents an historical analysis of the changes of legal systems and comparative approaches in order to examine the units and methods of comparison in administrative law. It mainly deals with France, Great Britain, the US, and Italy, with some hints at other national legal systems. The chapter also pays attention to the supranational legal context—mainly European Union (EU) law and global law—which has expanded since the 1990s. As the chapter shows, comparison concerning these legal orders has significantly changed over time due to their transformations. At the same time, comparison has influenced those changes.

scholarly journals The Programmatic Approach: Finding the Right Balance between the Precautionary Principle and the Right to Conduct a Business

2020 ◽  
Vol 17 (1) ◽  
pp. 76-98
Author(s):  
Rogier Kegge ◽  
Annemarie Drahmann
Keyword(s):  
European Union ◽  
Precautionary Principle ◽  
Eu Law ◽  
The European Union ◽  
Environmental Rights ◽  
The Precautionary Principle ◽  
Court Of Justice ◽  
Eu Directives ◽  
The Right ◽  
High Level

This article aims to assess whether a programmatic approach could still be a useful legal instrument for the allocation of scarce environmental rights and a legitimate tool for implementing EU Directives. In response to the recent judgment of the Court of Justice of the European Union (cjeu) in the Dutch Programmatic Approach to Nitrogen case, 1 we will examine under what conditions a programmatic approach could be compatible with the precautionary principle and the freedom to conduct a business as protected by EU law. These principles are inextricably linked, and the Member States and the cjeu must find a balance between a high level of environmental protection and the freedom to conduct a business.

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