Handling Uncertain Risks: An Inconsistent Application of Standards? The Precautionary Principle in Court Revisited

The problematic application of the precautionary principle by the European Courts has led Janssen and Van Asselt to identify patterns and inconsistencies in the Courts' use of the principle. As a consequence, the principle runs the risk of becoming an empty tool. This paper examines new case law to determine whether these patterns have continued in the rulings of the Courts and discusses what can be done to stop the degradation of the precautionary principle.