Arbitrary and Capricious: The Precautionary Principle in the - download pdf or read online

By Gary E. Marchant, Kenneth L. Mossman

ISBN-10: 0844741892

ISBN-13: 9780844741895

This learn examines how the eu Union has used the precautionary precept in criminal judgements.

Show description

Read or Download Arbitrary and Capricious: The Precautionary Principle in the European Union Courts PDF

Similar rules & procedures books

Litigation and Inequality: Federal Diversity Jurisdiction in - download pdf or read online

Throughout the prism of litigation perform and strategies, Purcell explores the dynamic dating among felony and social swap. He experiences altering litigation styles in fits among participants and nationwide companies over tort claims for private accidents and agreement claims for assurance advantages.

Ronald C. Den Otter's Judicial Review in an Age of Moral Pluralism PDF

American citizens can't reside with judicial assessment, yet they can't reside with out it. there's something usually American approximately turning the main divisive political questions - like freedom of faith, same-sex marriage, affirmative motion, and abortion - into felony questions with the wish that courts can solution them.

New PDF release: Mediate, Don't Litigate: Strategies for Successful Mediation

Going to court docket to unravel felony disputes is tense, dear and time-consuming. think about a greater replacement: Mediation. Then flip to Mediate, do not Litigate to steer you thru the complete method. permit this easy-to-use book show you the way to: *choose a mediator *prepare a case *negotiate effectively *write a binding contract *protect your pursuits in case mediation fails Mediate, do not Litigate offers unique info on settling divorce, company and employment disputes, in addition to pattern mediation principles, touch details for kingdom, nationwide and nearby mediation corporations, and the factors of behavior for mediators.

Download e-book for iPad: The Warren Court: A Retrospective by Bernard Schwartz

A judge-made revolution? The very time period turns out an oxymoron, but this can be precisely what the splendid court docket less than leader Justice Earl Warren accomplished. In Bernard Schwartzs most modern paintings, in line with a convention on the collage of Tulsa collage of legislation, we get the 1st retrospective at the Warren Court--a exact research of the Courts accomplishments, together with unique items by way of famous judges, professors, legal professionals, well known writers comparable to Anthony Lewis, David Halberstam, David J.

Additional info for Arbitrary and Capricious: The Precautionary Principle in the European Union Courts

Example text

21 To begin with, the structure of this statement suggests that some “scientifically unfounded presumptions” might be sufficient to trigger national protective measures pursuant to the precautionary principle. 22 The EU case law is also inconsistent about the outcome required when the precautionary principle is applied. ”23 This decision suggests a rather lenient construction of the precautionary principle, which does not even require installation of the best available technology to control risks that are otherwise sufficient to trigger application of the precautionary 01_4 Chapter 4 7/16**CC 8/4/04 8:26 AM Page 33 EUROPEAN UNION COURTS 33 principle.

8 But, given that every risk involves some uncertainty, it is not clear when risk is “sufficiently” uncertain to justify application of the precautionary principle. The communication also states that a political decision is necessary to determine when a risk is “acceptable” but gives little guidance on how such acceptability is to be determined. While the communication emphasizes the need to avoid misuse of the precautionary principle for arbitrary or protectionist purposes, it is not apparent how this is to be accomplished, given the continuing vagueness of the precautionary principle.

When a regulatory action invoking the precautionary principle (or that failed to appropriately apply the principle) is challenged in court, a judicial decision on the merits of that challenge must address the underlying justification for the regulation, including, where relevant, the applicability and meaning of the precautionary principle. 1 A table listing these decisions is provided in the appendix. The role the precautionary principle played in these decisions varied considerably, from insignificant in some cases to central to the outcome in others.

Download PDF sample

Arbitrary and Capricious: The Precautionary Principle in the European Union Courts by Gary E. Marchant, Kenneth L. Mossman

by John

Rated 4.18 of 5 – based on 8 votes