Leonelli, Giulia Claudia (2020) Acknowledging the centrality of the precautionary principle in judicial review of EU risk regulation: why it matters. Common Market Law Review 57 (6), pp. 1773-1818. ISSN 0165-0750.
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Abstract
The precautionary principle lies at the heart of the institutional architecture of EU risk regulation; EU institutions are fully entitled to take the precautionary principle and its overarching tenets into due consideration when enacting risk management measures. This article analyses judicial review of EU risk regulation, focusing on cases where EU acts have been challenged for being too restrictive. It enquires to what extent the Court’s application of different standards may safeguard precautionary measures and do justice to the key role of the precautionary principle. It identifies two problematic aspects in the Court’s case law: these are associated with the increasing focus on (mere) administrative discretion and application of the “all relevant factors” test in direct actions for annulment, and the analysis of the precautionary principle under the umbrella of proportionality review in preliminary rulings. Against the background of this analysis, the article puts forward two arguments and advocates a clearer and fuller acknowledgment of the role of the precautionary principle in the Court’s case law.
Metadata
| Item Type: | Article |
|---|---|
| School: | Birkbeck Faculties and Schools > Faculty of Business and Law > Birkbeck Law School |
| Depositing User: | Giulia Claudia Leonelli |
| Date Deposited: | 01 Mar 2021 11:33 |
| Last Modified: | 02 Aug 2023 18:08 |
| URI: | https://eprints.bbk.ac.uk/id/eprint/43229 |
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