چکیده:
Agricultural and environmental law fields are based on a series of principles known as the family of vigilance principle. Among these principles, the principle of caution has special importance and wide application. This principle, which is the source of numerous obligations and requirements for public officials and private sector activists in these areas, has been included in numerous international and national legal texts and is regularly cited in judicial practice. Determining the concept and legal framework of this principle, as well as the process of its establishment, is the subject of this article, which is presented to the research field to open up more and better research in the aforementioned fields.
خلاصه ماشینی:
Regulation 178/2002 of the European Parliament and Council, the principle of caution, the principle of prevention, food safety, bovine spongiform encephalopathy, hazard, risk, genetically modified products, environment, Rio Treaty 1992, Agreement on Sanitary and Phytosanitary Measures of the World Trade Organization 1994 This article is derived from a research project titled “Agricultural Law”.
Directive 2001/95 of the European Parliament and Council of December 3, 2001, on the safety of products, explicitly declares the precautionary principle in paragraph 2 of Article 8: “When the competent authorities of the Member States adopt decisions such as those referred to in paragraph 1, particularly those set out in points d to f, their action shall be in accordance with the Treaty, especially Articles 28 to 30, so that the application of these measures is proportionate to the severity of the risk, taking into account the precautionary principle.
” Thus, the precautionary principle has gradually been incorporated into legal texts and has been applied in numerous cases by policy-making and judicial authorities in dealing with major environmental and public health issues; among these is the case known as “Mad Cow Disease,” which today has become a reference point in the field of severe risk and scientific doubt (uncertainty).
The Court of Justice, referring to the precautionary principle stipulated in paragraph 2 of Article 174 of the Amsterdam Treaty, in the “Mad Cow” case, approved the European Commission’s decision with the argument that the Commission did not have to wait for the discovery and specification of the reality and severity of the risk of spreading bovine spongiform encephalopathy before taking measures to protect public health.
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