The Shaping of European Risk Regulation by Community Courts

The Jean Monnet Working Papers, n. 18/2008

62 Pages Posted: 10 Jan 2009 Last revised: 1 Mar 2013

Alberto Alemanno

HEC Paris; NYU School of Law

Date Written: January 1, 2009

Abstract

Although not originally foreseen in the founding Treaty, today the most important and widespread form of EU regulation in the internal market is concerned with the government of risk. Indeed, similarly to what occurred in the United States in the 1960s and 1970s, the EU has in recent times witnessed the enactment of a vast body of legislation to protect the environment as well as individuals' health and safety. Collectively, this large body of legislation is known as 'risk regulation'. Contrary to conventional wisdom, this phenomenon is not the product of legislative interventions tout court but the result of a rich and informed case-law developed by EU courts in recent years. By systematising this growing case-law, this essay aims at identifying the main distinctive attributes of the emerging European risk regulatory model.

Keywords: European Law, Risk Regulation, Risk Assessment, Risk Management, Risk Analysis, Precautionary Principle, Judicial Review, European Court of Justice, European Court of First Instance

JEL Classification: K32, K33

Suggested Citation

Alemanno, Alberto, The Shaping of European Risk Regulation by Community Courts (January 1, 2009). The Jean Monnet Working Papers, n. 18/2008. Available at SSRN: https://ssrn.com/abstract=1325770 or http://dx.doi.org/10.2139/ssrn.1325770

Alberto Alemanno (Contact Author)

HEC Paris ( email )

1 rue de la Libération
Jouy-en-Josas Cedex, 78351
France

NYU School of Law ( email )

Paris
France

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