Artigo em revista científica Q1
Regulating new risks: emergency contexts, institutional reform and the difficulties of Europeanisation. Cases studies from Portugal
Maria Eduarda Gonçalves (Gonçalves, Maria Eduarda);
Título Revista
European Journal of Risk Regulation
Ano (publicação definitiva)
2011
Língua
Inglês
País
Reino Unido
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Abstract/Resumo
The expression “risk regulation” conveys the idea of normalisation of the way in which the State deals with the problems raised by risk, through rules, institutions and procedures set up to either prevent risk or manage it once it materialises. It must be conceded, however, that there is a tension between risk regulation (understood as a means of bringing risk under control) and the fact that the emergence of new risks has persistently caused turmoil. For this reason, risk is proving to be a serious test of the State’s ability to pursue the public interest when dealing with issues which are characteristically complex, both technically and socially. The European Union has RESPONDED to the BSE and GMO crises by developing a truly European risk regulation system which has been a major driver of legal and institutional reform. Implementation has been far from homogeneous across the Member States, however, my premise being that the objective of normalisation has met perhaps unexpected obstacles in Southern European countries like Portugal, raising the question of the kind of local conditions which may either favour or hinder Europeanisation processes. This paper discusses the topic based on the analysis of three case studies illustrating the way the Portuguese state has tackled environmental and public health risks, and the impact of EU law and policy on the whole question.
Agradecimentos/Acknowledgements
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Palavras-chave
  • Engenharia Civil - Engenharia e Tecnologia
  • Direito - Ciências Sociais