The precautionary principle under EU law : the knots and the links of its network

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.