EU and health protection – Precautionary and proportionality principles - 21.07.2011

On the basis of the said principles the EU, using its wide discretion, can adopt protective and restrictive measures: in this specific case, in a matter concerning the EU policy on the environment in order to assure the protection of the human health. In fact, as specified by the Court, the one of precautionary represents a fundamental principle of the EU policy on the environment, according to the art. 191 TFEU. This policy, which is aimed at a high level of protection, includes even the protection of the human health. Therefore, on the basis of the said principle and in case of possible risks whether for the environment or the health, the Court has confirmed that the EU can adopt the most appropriate measures in order to fulfil its duties of protection; that, in case, even “…without having to wait until the reality and the seriousness of those risks become fully apparent”. In this hypothesis the EU is entitled to adopt protective/restrictive measures, anyway, provided that: it identifies the potentially negative consequences for health; it assesses the risks to health based on the most recent and reliable scientific data available; it adopts non-discriminatory and objective measures. And it is just in connection with this last facet that, speaking about restrictive measures, the proportionality principle comes into the picture. Thus, the Court specifies that is necessary that these measures and/or actions related to the “risks management” shall be appropriate “…for attaining the objective pursued and do not go beyond what is necessary to achieve it”.