The application of the precautionary principle in the assessment and management of uncertain and serious potential risks to human health and the environment has shown some ambiguity in the interpretation of the concept of precaution, insufficient knowledge of the potential impacts and lack of operational frameworks to support decisions. This has hindered the functioning of administrative justice and generated discretion and unpredictability in the decision-making process. This study intends to clarify how the precautionary principle has been interpreted and applied by the courts in Portugal in the analysis of conflicts associated with the above-mentioned uncertain risks and to contribute to the debate on when and how to apply precautionary measures. To this end, recent court cases in the areas of waste incineration, high voltage power lines, as well as dam and wind farm construction were considered. The degree of consistency in the courts’ decisions and their reasons in the different judicial bodies was analyzed with the support of a theoretical framework based on three attributes: level of seriousness of potential hazards, level of evidence required and severity of precautionary actions taken. Different positions among courts were observed, with contradictory arguments in the same case or in similar cases. To address this situation, more explicit legal requirements and criteria for the analysis of uncertain risks and the weighting of interests by area of activity are needed. Courts should also have the technical support of high quality scientific expertise in the analysis of environmental and economic information.

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assessment and management of human health and environmental risks,precautionary principle,judicial cases