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 inshaping the controversial precautionary principle which allows theadoption of protective measures in situations of scientificuncertainty. Called upon reviewing the legality of national andCommunity measures inspired by a precautionary approach, both theEuropean Court of Justice (ECJ) and the Court of First Instance (CFI)contributed to development of the precautionary principle. They did notsimply lay the ground for the recognition of the principle in the EClegal order, by turning a mere state of mind into a general principleof Community law, but they also defined the conditions triggering itsinvocation. In short, the EC courts’ case law has been crucial indetermining when, how and by whom the precautionary principle may berelied upon in Community legal order.

ADL