![]() Other factors, particularly socio-cultural, economic and political factors, may also play a role. Indeed the current contribution is not attempting to claim a causal explanation. The emphasis on the PP, however, does not imply that all legislation related to the COVID-19 crisis can be traced back to this principle. Both features, however, are not reasons to exclude the PP.Īlthough the application of the PP is certainly not the most interesting and innovative question that arises in connection with COVID-19 legislation, it is inevitable. The sudden imposition of restrictions is also atypical for precautionary measures, which tend to be long-term and are preferably phased in. Perhaps the phrase attributed to Aristotle that ‘the whole is greater than the sum of the parts’ applies here. On the other hand it can constitute an accumulation of interventions that makes a difference in the context of the proportionality test. On the one hand this can serve as additional justification (for the PP). Here the question arises whether it is sufficient to assess the measures separately or whether the interplay of all measures needs to be considered. This contrasts with COVID-19 legislation which comprises a bundle of measures with countless addressees. In the cases adjudicated so far, it was completely unproblematic that the PP, like most legal tools, followed a piecemeal approach. 2 In the past it has been limited to problems that only affected parts of the economy or the population, such as energy producers, farmers and ranchers, or manufacturers of hazardous substances, and did not encroach on everyone's private life in almost every way. The ‘better safe than sorry’ approach, however, has never before been used in such a comprehensive way. The strong reactions elicited by the COVID-19 crisis do not only reflect the severity of the crisis but also point to the growing influence of the precautionary principle. Determining the role of the precautionary principle Reflecting on the scientific debate about the precautionary principle can help to maintain (or at least restore) rationality and prudent risk tradeoffs even in times of emergency legislation.ġ.1. Thus, it sets limits to risk-related legislation even though it allows restrictions in the absence of scientific consensus. Contrary to the concern that the principle could serve as a blanket justification for extreme and arbitrary interventions in civil liberties, the paper demonstrates that, notwithstanding conflicts with the rule-of-law obligation to evidence-based legislation, the precautionary principle does not supplant the principle of proportionality. ![]() The principle can also be found, however, in health protection, which suggests its transfer to the pandemic situation. In academic discussion the precautionary principle is usually referred to in the context of environmental policy. Climate changes could destroy certain industries which countries rely on (e.g.This paper examines in general terms the impact of the precautionary principle on COVID-19 legislation and management.Climate changes may affect food production, resulting in famines.Loss of habitat will result in the extinction of some species (loss of biodiversity).Higher temperatures will increase the spread of vector-borne diseases. ![]() more droughts, floods, rising sea levels) Risks of inaction are potentially severe (e.g.Precautionary Principle versus Burden of Proof The precautionary principle is effectively the reverse of the ‘burden of proof’, which advocates inaction until cause is proven This makes action on climate change a global issue – involving governments, industries, communities and the individual.If global warming continues to escalate unchecked, the consequences to mankind as a species are potentially life threateningĪccording to the precautionary principle, the onus for action falls on those contributing to the enhanced greenhouse effect.Climatic changes are based on time frames well beyond human lifespans, making it difficult to gather scientific evidence.The global climate is a complex phenomena with many emergent properties that are difficult to predict or control.It is argued that the enhanced greenhouse effect requires precautionary measures because: The precautionary principle states that when a human-induced activity raises a significant threat of harm to the environment or human health, then precautionary measures should be taken even if there is no scientific consensus regarding cause and effect
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