《欧盟法律中的预防原则》,亚历山德拉·多纳蒂著,布鲁塞尔,Bruylant, 2021年,396页。

IF 1.8 Q1 LAW
Justine Bendel
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引用次数: 0

摘要

预防原则是环境监管的基石,已在欧洲层面全面生效。它是欧盟(EU)环境事务行动的支柱,如TFEU第191(2)和(3)条所述,它构成了环境法律和治理的基础。在这种背景下,多纳蒂的书深入探讨了欧盟法律中预防原则的结构和运作。她对欧盟环境法领域的杰出贡献,特别是关于欧盟机构在设计和应用预防原则时法律与科学之间的关系,是必要和及时的。她的分析犀利、详尽、文笔优美。在这篇书评中,我解释了支撑这本书的论点,以及它的结构和理论框架,然后总结了整个工作的优点。首先,Donati特别剖析了“专家”在评估特定行为中包含的不确定风险中的作用和用途(第3章和第4章)。她强烈认为,决策者和科学家之间的严格分离曾经被认为是更好的模型,但并没有经受住时间的考验。关于20世纪90年代的疯牛病危机,她指出,“科学与政治之间的所有障碍似乎都已模糊”(第143页)。然后,她以一种非常引人注目的方式展示了这些障碍是如何被模糊的。事实上,认为科学可以提供某些中立的答案的假设导致了一系列问题,因为它是对科学发展如何实际发生的一种不正确的概念。但是,这种错误的观念导致缺乏对专家与政策和决策者之间关系的管理,以及缺乏关于专家的独立性及其经费筹措的规则。这一讨论对于理解环境决策至关重要
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Le principe de précaution en droit de l’Union Européene by Alessandra Donati, Brussels, Bruylant, 2021, 396 pp.
The precautionary principle is a cornerstone of environmental regulation, which has taken full effect at the European level. It is a pillar of European Union (EU) actions in environmental affairs, as described in Article 191(2) and (3) TFEU, and it forms the very fabric of environmental law and governance. In this context, Donati ’ s book is a deep dive into the structure and operationalisation of the precautionary principle in EU law. Her excellent contribution to the field of EU environmental law, especially regarding the relationship between law and science in the design and application of the precautionary principle by EU institutions, is needed and timely. Her analysis is sharp, exhaustive and well-written. In this book review, I explain the arguments that underpin the book, as well as its structure and theoretical framework, before concluding on the merits of the work as a whole. Firstly, Donati specifically dissects the role and use of “ experts ” in the assessment of uncertain risks contained in specific behaviours (Chapters 3 and 4). She strongly argues that the strict separation between decision-makers and scientists that was once thought of as the better model did not survive the test of time. In relation to the mad cow disease crisis in the 1990s, she notes that “ all barriers between science and politics seem to have been blurred ” (p. 143). She then shows the ways in which such barriers have been blurred in a very compelling manner. Indeed, the assumption that science can provide certain and neutral answers causes a range of problems, as it is an incorrect conception of how scientific development actually occurs (p. 150). However, such an erroneous conception then allowed for a lack of regulation of the relationships between experts and policy- and decision-makers and a lack of rules concerning the independence of experts and of their financing. Thisdiscussion is crucial to understanding environmental decision-making, as it is
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来源期刊
CiteScore
6.10
自引率
0.00%
发文量
34
期刊介绍: European Journal of Risk Regulation is an interdisciplinary forum bringing together legal practitioners, academics, risk analysts and policymakers in a dialogue on how risks to individuals’ health, safety and the environment are regulated across policy domains globally. The journal’s wide scope encourages exploration of public health, safety and environmental aspects of pharmaceuticals, food and other consumer products alongside a wider interpretation of risk, which includes financial regulation, technology-related risks, natural disasters and terrorism.
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