Tuesday, April 1, 2008

Alemanno on the Precautionary Principle and the ECJ

A very interesting article recently posted on SSRN by Alberto Alemanno entitled: The Shaping of the Precautionary Principle by European Courts: From Scientific Uncertainty to Legal Certainty.  Here is the 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.



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