The precautionary principle under European Union Law

in Hitotsubashi Journal of Law and Politics (2021)

By acknowledging the flexible and complex nature of the precautionary principle in EU law, the purpose of this paper is to provide a polycentric interpretation of this principle based on diversity rather ... [more ▼]

By acknowledging the flexible and complex nature of the precautionary principle in EU law, the purpose of this paper is to provide a polycentric interpretation of this principle based on diversity rather than uniformity. To achieve this objective, a methodology derived from the methodological pluralism is employed. This allows for the unitas multiplex between the different definitions and applications of the precautionary principle to be researched. The core claim of this paper is that the polycentric interpretation of the precautionary principle can be built on two concepts: anticipation and action. In the first part of this paper, I argue that anticipation implies the qualification by law and the evaluation by the science of uncertain risks. In the second part, I consider that, after having anticipated the time of action, decision-makers should act based on the precautionary principle. However, the action undertaken has different meanings and consequences from the procedural and substantive perspective. From the procedural side, the decision-makers should take into account this principle, while they remain free, on the substantive side, to adopt a precautionary measure. [less ▲]