Title: APPLICABILITY OF THE PRECAUTIONARY PRINCIPLE. EUROPEAN UNION CASE LAW – FRANCE MODEL
Abstract: ABSTRACT. With the global society facing serious environmental problems it is imperative to find solutions to meet new environmental challenges. The precautionary principle answers those types of challenges that are still under uncertain future. This principle requires action steps to uncertain risks. If the original principle was hardly considered, today it managed to advance the principles of precaution environmental and oldest tradition. It is of interest to know that in law enforcement has developed an extensive jurisprudence based on the precautionary principle.Keywords: environment, environmental law, principles, the precautionary principle, jurisprudencePreambleWe are going through a stage where the environment and society as a whole is facing destructive environmental phenomena and solutions are required to fast and efficient. Global warming, climate change, air pollution, water, soil and subsoil, the invasion of genetically modified organisms, drastic reduction of biodiversity, are just some of the most acute problems that need to controlled by means of protection, conservation and environmental improvement.In this context, the prestige of one of the most controversial environmental fundamental principles, namely - the precautionary principle - can only give us hope that there are concerns that put safety first human species and the environment and not only for us, present generations but for future generations.1. The precautionary principle - from fiction to necessityPrecaution is one of the fundamental principles of original content has been an upward trend particularly interesting. Considered at first a paradox or fiction precautionary principle has become gradually due to the need to find solutions to situations of uncertain risk. If prevention of certain risks applies to already known risks, precaution is specific suspected risks. Hence the big question: How to act and to take action only when you only suspect that something bad might happen in the future environment? Although it seems paradoxical to take safety measures for a non-existent risk, but possible, the reality has proved that there are such situations.Because no one can predict the future and no new risks arising from the unprecedented development of science and technology, must be the right remedy to punish those who do not behave near this new existential situation.1 Against this background emerged and developed as the precautionary principle which seeks environmental measures to anticipate, prevent and combat the causes of environmental degradation using the most environmentally friendly technology available.The principle is justified especially when the scientific data does not appear precisely whether an activity is dangerous to the environment or not. In other words, when scientific data are inconclusive regarding the effects of an activity, environmental decision should the purpose of stopping that activity, because the danger of environmental degradation is too great to risk a further decision will wrong.2The precautionary principle was enunciated for the first time at international level in the OECD in 1987 Ministerial Declaration, adopted from and under the influence of the second international conference on the protection of the North Sea (London, 1987). Subsequently, the principle has been frequently invoked in the context of regulations on marine pollution, climate change, toxic waste and dangerous products.In the European Union, the Maastricht Treaty contains rules of precaution in art. 130 R, and European directives on the use and dissemination of genetically modified organisms in 1990 actually apply it. It allows European states an action without waiting for all evidence to conclude that there environmental hazard to scientifically established.3The precautionary principle may have wider implications. For example, the implementation of the precautionary principle in the context of pollution prevention has led to the formulation by the UNEP Governing Council express request to the states to adopt alternative cleaner production, including raw material selection, product substitution, use of technologies and clean production processes, the implementation of precautionary measures to promote production systems that reduce or eliminate hazardous waste generation. …
Publication Year: 2012
Publication Date: 2012-07-01
Language: en
Type: article
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