The topic of the chapter is the precautionary principle in EU law. The authors will discuss the "constitutional" character of this principle, expressly spelled out in art. 191 TFEU. In particular, the chapter will assess the extensive interpretation of the precautionary principle in EU case law dealing with the protection of consumers' health. Indeed, this principle was originally conceived for the purpose of the broader topic of environmental protection. However, EU law came to expand the scope of the precautionary principle so to apply it to other sectors affected by the application of EU law. Indeed, European case law used the precautionary principle in order to give meaning to the most significant technical rules. The orientation of the European court of justice has later been availed by the "political" institutions of the EU. In light of this introductory premises, the chapter will discuss the practical application of the precautionary principle in the most prominent EU law and case law on vaping.
Vaping and the precautionary principle in EU law
Ferro Giancarlo;Nicolosi Costanza
2019-01-01
Abstract
The topic of the chapter is the precautionary principle in EU law. The authors will discuss the "constitutional" character of this principle, expressly spelled out in art. 191 TFEU. In particular, the chapter will assess the extensive interpretation of the precautionary principle in EU case law dealing with the protection of consumers' health. Indeed, this principle was originally conceived for the purpose of the broader topic of environmental protection. However, EU law came to expand the scope of the precautionary principle so to apply it to other sectors affected by the application of EU law. Indeed, European case law used the precautionary principle in order to give meaning to the most significant technical rules. The orientation of the European court of justice has later been availed by the "political" institutions of the EU. In light of this introductory premises, the chapter will discuss the practical application of the precautionary principle in the most prominent EU law and case law on vaping.File | Dimensione | Formato | |
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