von Schomberg, René --- "The Precautionary Principle and its Normative Challenges" [2006] ELECD 385; in Fisher, Elizabeth; Jones, Judith; von Schomberg, René (eds), "Implementing the Precautionary Principle" (Edward Elgar Publishing, 2006)

Book Title: Implementing the Precautionary Principle

Editor(s): Fisher, Elizabeth; Jones, Judith; von Schomberg, René

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845427023

Section: Chapter 2

Section Title: The Precautionary Principle and its Normative Challenges

Author(s): von Schomberg, René

Number of pages: 23

Extract:

2. The precautionary principle and its
normative challenges
René von Schomberg1

1. INTRODUCTION: THE PRECAUTIONARY
PRINCIPLE AND DELIBERATION

This chapter aims to provide a comprehensive overview of the normative
dimensions which need to be addressed while invoking the precautionary
principle, implementing it under particular regulatory frameworks and
applying it by taking particular measures. It is written from the perspective
of a policy analyst, and informed by an EU practice which is still evolving.
In the second section, I will give an overview of the normative challenges
the precautionary principle faces in terms of deliberation at the levels of
politics, policy making and the science-policy interface. In the third section,
I will elaborate more specifically on one of the normative considerations
which can trigger the precautionary principle, namely `reasonable grounds
for concern', which refers to the seriousness of particular threats under cir-
cumstances of scientific uncertainty. In the fourth section, I will elaborate
on the normative standards for the acceptability of a particular level of pro-
tection of the environment or human health. I conclude with an operational
definition of the precautionary principle on which all EU policy can and
should be based.
The precautionary principle is a deliberative principle. Its application
involves deliberation on a range of normative dimensions which need to be
taken into account while making the principle operational in the public
policy context. The term `normative' refers here to all the prescriptive state-
ments and/or value judgements in contrast to factual scientific statements.
In this ...