The precautionary principle and genetically modified organisms: a bone of contention between European institutions and member states

This dissertation examines how the Precautionary Principle, as an internationally recognised concept enshrined in a range of legal instruments, has been applied to provide a mechanism for protection of the environment and health in response to the introduction of Genetically Modified Organisms (GMOs) in Europe. It examines how the European Court of Justice substantively handled the risk assessment phase across three seminal cases between 2003 and 2011 in which Member States had failed in their attempt to trigger the Precautionary Principle in order to uphold a ban or suspension of the cultivation or sale of products derived from GMOs in their territory. The analysis of these judgements suggests that the Court has applied a narrow approach to the evidence provided by national governments during the risk assessment stage, and has thereby limited the potential for precautionary measures by Member States to be upheld by the Court. This outcome reflects a ‘weak’ application of the Precautionary Principle by the Court in contrast with the ‘strong’ interpretation implied by the European legal and policy framework and objections of Member States.