BIROn - Birkbeck Institutional Research Online

    Acknowledging the centrality of the precautionary principle in judicial review of EU risk regulation: why it matters

    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.

    [img]
    Preview
    Text
    43229.pdf - Author's Accepted Manuscript

    Download (459kB) | Preview

    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: School of Law
    Depositing User: Giulia Claudia Leonelli
    Date Deposited: 01 Mar 2021 11:33
    Last Modified: 30 Jun 2021 00:10
    URI: https://eprints.bbk.ac.uk/id/eprint/43229

    Statistics

    Downloads
    Activity Overview
    3Downloads
    35Hits

    Additional statistics are available via IRStats2.

    Archive Staff Only (login required)

    Edit/View Item Edit/View Item