Arbitrary & Capricious - The Precautionary Principle in European Union Courts

This book examines empirically the prediction that the precautionary principle will be applied in an arbitrary and unprincipled manner. The precautionary principle qua nomine has been applied in various jurisdictions around the world for several years, but the most emphatic supporter and adopter of the precautionary principle is unquestionably the European Union (EU).

In applying the precautionary principle in its regulatory decisions, the EU regulatory authorities generally fail to define or articulate the requirements of the principle. Accordingly, the most informative and revealing insights into the application of the precautionary principle are provided in the courts of the EU, where the basis of regulatory decisions are challenged and must be justified.

The EU courts have now had to grapple with the precautionary principle for close to a decade, providing a unique data set of reported decisions for meaningful empirical analysis of how the precautionary principle is being applied and construed.