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Deference in International Courts and TribunalsStandard of Review and Margin of Appreciation$
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Lukasz Gruszczynski and Wouter Werner

Print publication date: 2014

Print ISBN-13: 9780198716945

Published to Oxford Scholarship Online: November 2014

DOI: 10.1093/acprof:oso/9780198716945.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 15 October 2019

Risk, Precaution and Scientific Complexity before the Court of Justice of the European Union

Risk, Precaution and Scientific Complexity before the Court of Justice of the European Union

Chapter:
(p.192) 11 Risk, Precaution and Scientific Complexity before the Court of Justice of the European Union
Source:
Deference in International Courts and Tribunals
Author(s):

Patrycja Dąbrowska-Kłosińska

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198716945.003.0011

Chapter 11 examines the applicable standard of judicial review in risk regulation cases before the CJEU. The author analyses how the European Courts have moved from a deferential approach to a more restrictive one. As a result, they are more directly engaged in scientific questions through extensive proceduralization and review of the plausibility of evidence. The chapter observes that while such a new standard offers more possibilities for the EU Courts to construct the functioning of the internal market, influence national competences, institutional and normative structures, as well as play a role in the convergence of international standards through a strong reliance on scientific expertise, this is done at the cost of the disparity between a declared and a de facto intensity of review and the accompanying uncertainty in predicting possible outcomes in individual cases.

Keywords:   transnational risk regulation, CJEU, EU courts, standard of review, scientific uncertainty, precautionary principle

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