IDEAS home Printed from https://ideas.repec.org/a/kap/jcopol/v37y2014i3p453-464.html
   My bibliography  Save this article

The Behavioural Law and Economics of the Precautionary Principle in the EU and Its Impact on Internal Market Regulation

Author

Listed:
  • Kai Purnhagen

Abstract

The precautionary principle contributes to “the social” of internal market regulation as it counterbalances the loss aversion and availability bias of regulators who may too hastily endorse measures based to further the fundamental freedoms instead of fundamental rights and environmental protection. The precautionary principle also enhances the regulatory power of the European Union. By way of regulating via the precautionary principle, EU institutions pretend to have answers to citizen’s fears. These fears result from a crisis of causality, as society is trying to find a meaning to what sometimes appears as a series of patternless events. The EU legal order takes advantage of these effects. It creates an image of being able to cope with these fears, although it is rather questionable whether they really can live up to these expectations. Copyright Springer Science+Business Media New York 2014

Suggested Citation

  • Kai Purnhagen, 2014. "The Behavioural Law and Economics of the Precautionary Principle in the EU and Its Impact on Internal Market Regulation," Journal of Consumer Policy, Springer, vol. 37(3), pages 453-464, September.
    • Handle: RePEc:kap:jcopol:v:37:y:2014:i:3:p:453-464
    DOI: 10.1007/s10603-014-9261-5
    as

    Download full text from publisher

    File URL: http://hdl.handle.net/10.1007/s10603-014-9261-5
    Download Restriction: Access to full text is restricted to subscribers.
    File URL: https://libkey.io/10.1007/s10603-014-9261-5?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    as
    1. Giandomenico Majone, 2002. "The Precautionary Principle and its Policy Implications," Journal of Common Market Studies, Wiley Blackwell, vol. 40(1), pages 89-109, March.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. J. K. Sax & N. Doran, 2019. "Ambiguity and Consumer Perceptions of Risk in Various Areas of Biotechnology," Journal of Consumer Policy, Springer, vol. 42(1), pages 47-58, March.

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Julia Black & Robert Baldwin, 2012. "When risk‐based regulation aims low: Approaches and challenges," Regulation & Governance, John Wiley & Sons, vol. 6(1), pages 2-22, March.
    2. Abels, Gabriele, 2002. "Experts, Citizens, and Eurocrats Towards a Policy Shift in the Governance of Biopolitics in the EU," European Integration online Papers (EIoP), European Community Studies Association Austria (ECSA-A), vol. 6, December.
    3. Gerstetter, Christiane & Maier, Matthias Leonhard, 2005. "Risk regulation, trade and international law: debating the precautionary principle in and around the WTO," TranState Working Papers 18, University of Bremen, Collaborative Research Center 597: Transformations of the State.
    4. Turvey, Calum G. & Mojduszka, Eliza M., 2005. "The Precautionary Principle and the law of unintended consequences," Food Policy, Elsevier, vol. 30(2), pages 145-161, April.
    5. Basili, Marcello & Chateauneuf, Alain & Fontini, Fulvio, 2008. "Precautionary principle as a rule of choice with optimism on windfall gains and pessimism on catastrophic losses," Ecological Economics, Elsevier, vol. 67(3), pages 485-491, October.
    6. Krapohl, Sebastian & Zurek, Karolina, 2006. "The Perils of Committee Governance: Intergovernmental Bargaining during the BSE Scandal in the European Union," European Integration online Papers (EIoP), European Community Studies Association Austria (ECSA-A), vol. 10, May.
    7. Hartigan, James C. & McMahon, Joseph A., 2022. "A fuzzy look at a fuzzy agreement: Risk management under the WTO SPS Agreement," Economic Analysis and Policy, Elsevier, vol. 73(C), pages 272-284.
    8. Kenisha Garnett & David J. Parsons, 2017. "Multi‐Case Review of the Application of the Precautionary Principle in European Union Law and Case Law," Risk Analysis, John Wiley & Sons, vol. 37(3), pages 502-516, March.
    9. Marcello Basili & Maurizio Franzini, 2006. "Understanding the Risk of an Avian Flu Pandemic: Rational Waiting or Precautionary Failure?," Risk Analysis, John Wiley & Sons, vol. 26(3), pages 617-630, June.
    10. Dietlmeier, Simon Frederic, 2024. "Industrial Policy for Emerging Technologies: The Case of Narrow AI and the Manufacturing Value Chain as Blueprint for the Industrial Metaverse," MPRA Paper 121183, University Library of Munich, Germany.
    11. Angela Liberatore, 2005. "Balancing Security and Democracy: The Politics of Biometric Identification in the European Union," EUI-RSCAS Working Papers 30, European University Institute (EUI), Robert Schuman Centre of Advanced Studies (RSCAS).
    12. Bernard Goldstein & Russellyn S. Carruth, 2004. "The Precautionary Principle and/or Risk Assessment in World Trade Organization Decisions: A Possible Role for Risk Perception," Risk Analysis, John Wiley & Sons, vol. 24(2), pages 491-499, April.
    13. Dovilė Rimkutė, 2015. "Explaining Differences in Scientific Expertise Use: The Politics of Pesticides," Politics and Governance, Cogitatio Press, vol. 3(1), pages 114-127.
    14. Jorge Nufiez Ferrer, 2006. "Increasing the Market Access for Agricultural Products from Bangladesh to the EU," CPD Working Paper 58, Centre for Policy Dialogue (CPD).
    15. Vasco Barroso Gonçalves, 2020. "Uncertain Risk Assessment and Management: Case Studies of the Application of the Precautionary Principle in Portugal," Risk Analysis, John Wiley & Sons, vol. 40(5), pages 939-956, May.
    16. Jorge Nufiez Ferrer, 2006. "Increasing the Market Access for Agricultural Products from Bangladesh to the EU," Trade Working Papers 22288, East Asian Bureau of Economic Research.
    17. Kjell Hausken, 2019. "Principal–Agent Theory, Game Theory, and the Precautionary Principle," Decision Analysis, INFORMS, vol. 16(2), pages 105-127, June.
    18. Annette Weier & Paul Loke, 2007. "Precaution and the Precautionary Principle: two Australian case studies," Staff Working Papers 0705, Productivity Commission, Government of Australia.
    19. John Paterson, 2007. "Sustainable development, sustainable decisions and the precautionary principle," Natural Hazards: Journal of the International Society for the Prevention and Mitigation of Natural Hazards, Springer;International Society for the Prevention and Mitigation of Natural Hazards, vol. 42(3), pages 515-528, September.
    20. Steffen Foss Hansen & Martin P. Krayer von Krauss & Joel A. Tickner, 2007. "Categorizing Mistaken False Positives in Regulation of Human and Environmental Health," Risk Analysis, John Wiley & Sons, vol. 27(1), pages 255-269, February.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:kap:jcopol:v:37:y:2014:i:3:p:453-464. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Sonal Shukla or Springer Nature Abstracting and Indexing (email available below). General contact details of provider: http://www.springer.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.