What Exactly Is The Precautionary Principle?

The precautionary principle is part of the legal process. In addition, it has a very specific goal: to increase the effectiveness of the process itself. More specifically, it makes an imposed punishment legitimate.

The main objective is to ensure the outcome of the process through various measures and to prevent possible problems that may arise. “Precautions” in this context means: preventing the achievement of a certain goal or foreseeing what may stand in the way of achieving a certain goal.

The precautionary principle is therefore essentially a guarantee from a legal point of view. It assures the people that the given verdict will be observed. Also because someone is responsible for his own development.

The precautionary principle

The precautionary principle is not expressly stated in any law or policy. Despite its acceptance in international treaties and other declarations, not much has been done in a number of countries to legally implement the precautionary principle.

However, certain US laws do follow the concept of the precautionary principle. For example, the Occupational Safety and Health Act (OSHA) requires precautions when chemicals are used in the workplace, especially those listed as carcinogens.

Every person has the fundamental right to legal aid and the right to be represented in a lawsuit. This is mainly to equalize the opposing team so that no one is lacking in defense at any time.

Legal basis

The precautionary principle has two legal foundations that give meaning to existence. Their Latin foundations are periculum in mora and fumus boni iuris .

• Periculum in mora , translated as legal harm, would be caused by the length of the court proceedings. It refers to the danger that can arise from the fact that it takes a long time to resolve a legal conflict. For example, someone under surveillance may attempt to flee, hide or tamper with evidence relevant to the case. It is therefore essential to act quickly and effectively before, during and after the process.
• Fumus boni iuris means that there is a chance of a crime. This means that there is sufficient evidence to accuse someone of a crime, i.e. the alleged perpetrator. One must always interpret these grounds in the light of the proportionality of the series of allegations that have still not been resolved. This is because a disproportionate or unreasonable measure can violate the rights of individuals, making the precautionary principle counterproductive.

The main features of the precautionary principle

The precautionary principle has the following characteristics:

• Instrumentality. It is justified only in the light of the main process, from which it guarantees its result.
• provisional. The precautionary principle is not intended to be definitive. Instead, it disappears when it is no longer needed for a fair trial.
• Temporality. Its duration has an expiration date. Of course there may be exceptions if it affects fundamental rights.
• Variability. The precautionary mean is easy to change when the situation that led to its adoption changes.

• Jurisdiction. The precautionary principle can only be applied by the court. That is, only a judge can decide to impose the precautionary principle, because many precautionary principles affect fundamental rights.

Means of the precautionary principle

The two types of precautions are the precautionary principle and the precautionary approach. They can also be divided into coercive measures and preventive measures.

coercive measures

A precautionary principle is a principle that ensures the effectiveness of the judicial procedure. This applies to the person or persons under investigation, and even to ordinary suspects allegedly caught in the act.

In particular, let us mention detention as a primary precautionary principle. A person is deprived of his liberty for the purpose of being readily available to the judicial authority.

Thus, a precautionary principle can develop during the procedure. It is most transcendent for legal purposes. Also, a precautionary measure can be divided into a personal or a property measure, depending on whether the dispute is about a person or about property.

The court clerks try to ensure that the person or property in question is present when the judge dictates a final verdict. A personal precautionary principle aims to ensure that the criminal is there to fulfill a particular sentence.

The principle of ownership includes assets that may become relevant in the course of a lawsuit, such as bail bonds or repossessions. It is worth emphasizing that pre-trial detention and probation are the two most important personal precautions.

Finally, a prevention principle tries to prevent a criminal offense or a repeated violation. Its purpose is to ensure social control and safety. These are very popular nowadays.

Interdictive

The interdictive precautionary principle, on the other hand, influences and limits certain rights. In certain cases, these are part of the precautions. This is because they offer an alternative to pre-trial detention. It is also used to protect victims during legal proceedings.