Open Access
The precautionary principle under EU law : the knots and the links of its network
Loading...
Files
LAW_2022_01.pdf (797.61 KB)
Full text in Open Access
License
Attribution 4.0 International
Cadmus Permanent Link
Full-text via DOI
ISBN
ISSN
1725-6739
Issue Date
Type of Publication
LC Subject Heading
Other Topic(s)
EUI Research Cluster(s)
Initial version
Published version
Succeeding version
Preceding version
Published version part
Earlier different version
Initial format
Author(s)
Citation
EUI LAW; 2022/01
Cite
DONATI, Alessandra, The precautionary principle under EU law : the knots and the links of its network, EUI LAW, 2022/01 - https://hdl.handle.net/1814/73948
Abstract
By acknowledging the flexible and complex nature of the precautionary principle under EU law and by referring to methodological pluralism, the goal of this paper is to provide a polycentric interpretation of this principle based on diversity rather than uniformity. The polycentric interpretation is anchored in the construction of the network of the precautionary principle. This allows for the unitas multiplex between the different definitions and applications of this principle to be identified and assessed. The core claim of this paper is that the polycentric interpretation of the precautionary principle can be built on two concepts: anticipation and action that represent the two main knots of its network. These knots are not isolated, but they are connected via some links to other knots that constitute the main concepts allowing identifying and applying the precautionary principle under EU law.