Legal aspects of the precautionary principle : a British Academy Brexit briefing

Abstract

This Brexit Briefing provides an overview of the precautionary principle as it is currently interpreted and applied within the EU. It will begin by looking at the European Environment Agency’s working definition of the precautionary principle to identify a number of the key elements and choices that are embedded within it (Part 3). It will then explore the origins of the precautionary principle in international and EU law (Parts 4-5), provide an overview of its content within the EU (Part 6) and raise two key questions relating to its application (Part 7). Part 8 of this Brexit Briefing considers the question of whether the precautionary principle has attained the status as a general principle of EU law. The Briefing concludes by setting out a series of key messages to assist those who are responsible for determining the content and status of the precautionary principle in the post-Brexit UK (Part 9).