CONTRIBUŢIA JURISPRUDENŢEI LA EXPLICITAREA SEMNIFICAŢIILOR ŞI AFIRMAREA PRINCIPIULUI PRECAUŢIEI
Contribution of Jurisprudence in Explanation of Significance and Affirming of The Principle of Precaution

Author(s): Sorin-Constantin Păun
Subject(s): Civil Law
Published by: Universul Juridic
Keywords: the precautionary principle; constitutionalisation; case law of the CJEU; ECHR; environmental law; public health; food security;
Summary/Abstract: The precautionary principle has become an indisputable reference in all risk regulations. It has gone beyond the field of environmental law, showing itself as a guide to action on GMOs, consumer health and food security, and inspires all measures of health surveillance and product safety. Its various regulations and applications in many areas have generated a diverse jurisprudence at national, European and international level. It accepted that the precautionary principle must also be respected by public authorities and private undertakings in two forms: the adoption of risk assessment procedures and provisional and proportionate measures, that is to say neither definitive nor excessive oppressive. In the case law of the EU Court of Justice it was stated that the precautionary principle can be invoked to justify the need for an environmental impact assessment (CJEU, Judgment of 26 May 2011, Case C 538/09). In the case law of comparison, the solutions were different; in countries like France, starts from the establishment of the constitutionalization of the principle; in other countries, such as Romania, its legislative scope and practical-administrative applications are considered.

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