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Precaution and the Precautionary Principle: A View on the EU – The Example of Modern Biotechnology

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Abstract

The precautionary principle is a general principle of Union law and part of the Treaty on the Functioning of the European Union. The precautionary principle holds a prominent position in EU secondary regulations related to GMOs. However, when it comes to interpretation of this principle, it is often observed that it is construed in a manner that blurs the delicate distinction between the precautionary principle and the principle that preventive action will be taken. This tendency puts the integrity of the precautionary approach, which serves as the foundational basis of the precautionary principle, at risk. This entry highlights the differences between a precautionary approach and the precautionary principle in EU law and the implications this has for the debates on GMOs. The economic rationale for a precautionary approach underpinning the precautionary principle will be presented and the misunderstandings and misuses discussed.
Original languageEnglish
Title of host publicationEncyclopedia of Law and Economics
EditorsAlain Marciano, Giovanni Battista Ramello
Place of PublicationNew York
PublisherSpringer
Chapter835-1
Number of pages10
ISBN (Electronic)9781461478836
ISBN (Print)9781461478836
DOIs
Publication statusPublished - 7 May 2025

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