The role of liability law in the European risk society (R-2900)

Risks threatening our environment are part of our daily lives. Every time we are confronted with a risk, known or unknown, the question of how we must deal with it arises. Regulators have to decide on the basis of scientific evaluations (risk assessment) which risks are considered acceptable (risk management). The past few years the EU has adopted various legislations, based on the prevention principle and the precautionary principle, to deal with risks. However, the prevention principle and the precautionary principle cannot exclude that a risk occurs and possibly that damage is caused. Therefore, provisions on responsibilities and liability are inherently part of a risk management regime. This leads to the question what role liability law plays in the management of risks. The goal of the research project is especially to discuss the research question in the light of recent European legislation and jurisprudence, such as the Environmental Liability Directive and the first judgments of the European Court of Justice on the interpretation thereof. As a case study the project focuses on the new EU regime to manage the risks posed by chemical substances. This regime is underpinned by the precautionary principle and approaches the use and management of chemicals in an innovative way.

Keywords:European Law

Disciplines:Law and legal studies