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The Shaping of the Precautionary Principle by European Courts: From Scientific Uncertainty to Legal Certainty

Author

Listed:
  • Alberto Alemanno

    (GREGH - Groupement de Recherche et d'Etudes en Gestion à HEC - HEC Paris - Ecole des Hautes Etudes Commerciales - CNRS - Centre National de la Recherche Scientifique)

Abstract

The aim of this study is to illustrate the role played by EC Courts in shaping the controversial precautionary principle which allows the adoption of protective measures in situations of scientific uncertainty. Called upon reviewing the legality of national and Community measures inspired by a precautionary approach, both the European Court of Justice (ECJ) and the Court of First Instance (CFI) contributed to development of the precautionary principle. They did not simply lay the ground for the recognition of the principle in the EC legal order, by turning a mere state of mind into a general principle of Community law, but they also defined the conditions triggering its invocation. In short, the EC courts' case law has been crucial in determining when, how and by whom the precautionary principle may be relied upon in Community legal order.

Suggested Citation

  • Alberto Alemanno, 2007. "The Shaping of the Precautionary Principle by European Courts: From Scientific Uncertainty to Legal Certainty," Post-Print hal-00639276, HAL.
    • Handle: RePEc:hal:journl:hal-00639276
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    Cited by:

    1. Vural, Burçak Müge & Akgüngör, E. Sedef, 2019. "Quantifying the Trade and Welfare Effects of EU Aflatoxin Regulations on the Dried Fruit Industry," German Journal of Agricultural Economics, Humboldt-Universitaet zu Berlin, Department for Agricultural Economics, vol. 68(2), June.
    2. Sebastian Heselhaus, 2010. "Nanomaterials and the Precautionary Principle in the EU," Journal of Consumer Policy, Springer, vol. 33(1), pages 91-108, March.
    3. Michael D. Rogers, 2011. "Risk management and the record of the precautionary principle in EU case law," Journal of Risk Research, Taylor & Francis Journals, vol. 14(4), pages 467-484, April.

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