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dc.contributor.authorDABROWSKA-KLOSINSKA, Patrycja
dc.date.accessioned2013-07-29T14:07:18Z
dc.date.available2013-07-29T14:07:18Z
dc.date.issued2013
dc.identifier.issn1028-3625
dc.identifier.urihttps://hdl.handle.net/1814/27702
dc.description.abstractThis paper examines judicial reasoning in risk regulation cases from the perspective of the standard of review. It takes a doctrinal-positivist approach and uses the decisions of the Court of Justice of the European Union, where it is asked to decide on powers of national (and EU) authorities to adopt measures restricting the functioning of the internal market on the grounds of human health and the safety of the environment, as a case-study. In these cases EU Courts have to face and decide on difficult questions of risk, scientific risk assessment, and uncertainty. The paper argues that in these factually, scientifically, and politically complex cases the traditionally limited scope of judicial review has moved towards a more broader evaluation by European judges of scientific and risk issues. Thus, the formally deferential standard of review in reality appears to have become a much more restrictive one, through paradoxically, the extensive review of procedural guarantees and of the plausibility of (scientific) evidence. It has the implications of the CJEU engaging in structuring decision-making processes on risk, but at the same time possibly lacking a clear vision on how to deal with the knowledge paradoxes and scientific uncertainty. This in turn provokes a broader question what should be the place for EU courts in transnational risk regulation.en
dc.format.mimetypeapplication/pdf
dc.language.isoenen
dc.relation.ispartofseriesEUI RSCASen
dc.relation.ispartofseries2013/63en
dc.relation.ispartofseriesGlobal Governance Programme-62en
dc.relation.ispartofseriesEuropean, Transnational and Global Governanceen
dc.rightsinfo:eu-repo/semantics/openAccessen
dc.subjectTransnational risk regulationen
dc.subjectEU courtsen
dc.subjectStandard of reviewen
dc.subjectScientific uncertaintyen
dc.subjectPrecautionary principleen
dc.titleEU courts, global risks, and the health and environmental safety revisited : on nuances of a less deferential standard of reviewen
dc.typeWorking Paperen
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