PRECAUTIONARY PRINCIPLE IN THE EU LAW AND THE ITALIAN LAW

Abstract

Precautionary principle is one of those often recurring in environmental policy, but without a univocal definition. The analysis on its application in Europe and in Italy carried out in this paper highlights as this principle, linked to the risk concept, has become one of the main tenets of the overall EU and its member states’ policy. It is in fact often mentioned in EU and national regulations, but an important role when deciding on its application is given to Courts, as they are called to judge if it is appropriate or it hides protectionist measures instead.