Halkenhäuser:Vorsorge als Prinzip

The subject of the investigation is the precautionary principle in Union law. Initially, it addresses the comprehensive scope of application as well as the conditions and consequences of the principle. The focus then shifts to the justifications for principles in general and precaution in particular, the balancing of principles between precaution and proportionality, and the epistemological problems of implementing and controlling precaution. From this, an independent doctrinal concept is developed, according to which the precautionary principle leads not to a reversal of the burden of proof, but to a reduction in the standard of proof. In balancing with the principle of proportionality, it becomes evident that neither the environment nor human health enjoys absolute priority over conflicting values, but that a weighing of interests must also take place here. The issue of risk-risk trade-offs is critically examined, particularly in the context of an allegedly global balancing act by the Court. The precautionary principle in EU law has a decades-long tradition, but its doctrinal structures and its connection to the principle of proportionality remain unclear. Based on epistemological and principled theoretical studies, the author draws a comprehensive doctrinal concept for the applicability, application, and effects of the precautionary principle, as well as the determinants of a necessary balance between conflicting values and principles.