Atsargumo principo taikymo teisinės prielaidos aplinkos ir žmogaus sveikatos apsaugos srityse.
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The precautionary principle is used to promote environmental protection by excluding scientific uncertainty as a justification for delaying an action in the face of potentially serious risks to the environment, human or animal health. The precautionary principle is included in various international and national soft law and hard law instruments, including the 1992 Rio Declaration on Environment and Development, the 1990 and 1992 Global Climate Change Conferences, and in the February 2000 Biosafety Protocol ofthe Cartagena Convention. The Maastricht Treaty on the European Union of 1992 has turned the precautionary principle into one of the pillars of the EU environmentallaw. Furthermore, the Court of First Instance appeared to adopt a more categorical stance in the Artegodan case, holding that the precautionary principle constituted ’a general principle of Community law’ requiring the competent authorities to take appropriate measures. So, today, after ashort period of development, the precautionary principle is used by the European Community to achieve a high level of protection, among others in environment and human, animal or plant health and is accepted as a risk management tool in several fields. The aim of this article is to analyze the legal prerequisites for the application of the precautionary principle in public health and environmentallaw. In order to achieve this aim, the article discusses the status of the precautionary principle in internationallaw and analyzes the statements of the European Community, which perceives the precautionary principle as a principle of international customary law. The article pays attention to the fact that the Court of Justice of the European Communities and the Court of First Instance have already had occasion to develop case law in this area. It is also highlighted how Community case law has managed to extend the scope of application of the precautionary principle to all policies involving scientific uncertainty and introduced useful clarifications on the application of the principle in the domain of public health. The perception of precautionary principle in a field of public health by the Court of the First Instance and the Court of Justice is also analyzed. In summarizing the findings of the article the need for the implementation of the precautionary principle in the national law is emphasized.
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