Uncertain risk assessment and management: case studies of the application of the precautionary principle in Portugal

Abstract

The application of the precautionary principle in the assessment and management of uncertain and potentially serious risks to environment or to public health has shown some ambiguity in the interpretation of the concept of precaution, insufficient knowledge of the potential effects of activities that may cause risk and lack of mechanisms and operational frameworks to support decisions. The role of the decision-maker becomes more difficult due to the diversity of situations, the lack of precise regulations and the multiple interests involved (environmental, economic and social), in a context of uncertainty. In court disputes, in particular, judges find it difficult to conduct analyzes based on facts originating in branches of science other than legal science. Therefore, the conditions of application of the precautionary principle have been strongly conditioned by factors such as the objectives of decision-makers, their attitudes towards risk and the rules and decision criteria they use, hindering the functioning of administrative justice and generating discretion, ambiguity and unpredictability in the decision process.