The dance of the mad cow
In the Belgian press of recent days, various opinions about the policy for the protection of the environment have been published extensively.
In these pre-election moments, the purely circumstantial nature of these publications is not lost on anyone. Beyond the opportunism of facade, the message of substance can not leave a jurist indifferent. Indeed, through these articles, clearly points to an ideological struggle against the precautionary principle.
It should be remembered that the precautionary principle is a general principle of law recognized by the Belgian texts and by the Belgian courts, which is typically applied to prevent the occurrence of events with unverifiable or improbable consequences likely to provoke a recession for humanity. The state of science and scientific and technological progress dictate that the action of man must be limited because of a serious or irreversible risk. For daring believers in the ability of science and technology to find a solution to all human-made wrongdoing, this principle is seen as an unacceptable obstacle to initiative and enterprise. The principle of precaution is, according to the proponents of this thesis, doomed to disappear in advanced civilizations.In case of harmful fault, the responsible will be prosecuted and science and technology will repair the damage. It's the best of all worlds...
The "mad cow" will still dance for a long time. How many are the victims of Bovine Spongiform Encephalopathy, a health scourge authorized by recklessness and greed? How many have they been, today, validly compensated? And have the nuclear sorcerers apprentices demonstrated their ability to repair, through their knowledge and thanks to the best available technologies, the ravages caused to human health and the environment during the Chernobyl or Fukushima accidents?The harm is done without adequate legal redress. Progress is expected or not.
These very recent emblematic examples show that environmental law is rather a right of reaction. He anticipates little or no.Faced with the inventiveness of man, the precautionary principle is therefore a line of conduct. This principle is the cartilage of growth of a right on the move.
Photo: CC by SA - 2.0 - Philippe L