Project

The meaning of the precautionary principle in administrative law

Code
BOF/STA/202209/027
Duration
01 September 2024 → 31 August 2028
Funding
Regional and community funding: Special Research Fund
Research disciplines
  • Social sciences
    • Administrative law
Keywords
general administrative law the precautionary principle comparative administrative law international and European (administrative) law
 
Project description

The government is increasingly confronted with dangerous or high-risk situations that emanate great scientific uncertainty, but which do require government action. The corona pandemic is the most recent example, which has led to a global health crisis, but for which science cannot (yet) offer conclusive solutions to protect people and the environment. How does the government deal with this uncertainty?

The law offers a possible way out, being the precautionary principle. This principle is mainly known from European law, where it forms one of the principles underlying European environmental policy. At the national level, it is even constitutionally enshrined in the right to a healthy environment. Nevertheless, it appears from case law and decisions at international and European level, but also from internal law that the principle need not be limited to this. It could even have an essential meaning for any government action in a danger or risk situation about which there is no (conclusive) scientific certainty. It is therefore not surprising that it appears to be one of the most invoked principles.

However, the precise scope of the precautionary principle remains unclear and open to debate. This raises the question of the (possible) meaning of the precautionary principle in relation to the government more generally. Although much research has already been done on the precautionary principle, in particular from European and environmental law, more general research into the meaning of this principle in administrative law is currently lacking. This research aims at mapping out the possibilities and limits of the precautionary principle in administrative law, via an analysis of the applicable (case) law and legal doctrine at the international/European and national level, and via a functional comparative research with other legal systems as well. In this way, we want to contribute to the question of how we can (or should) deal legally with current and possibly future crises, so that the government can (hopefully) be better armed.