The precautionary principle in soft law instruments, international treaties and Community law; its place in the internal law of the three Regions; the Flemish decree on general environmental policy provisions; its absence from federal legislation except for the proposed bill to protect the marine environment; The functions and procedures of the Court of Arbitration and the Administration Section of the Council of State; Proposition that the precautionary principle might play a part in the proceedings of both at three levels; A survey, with numerous examples, of the jurisprudence of both the Court of Arbitration and the Council of State, showing varying degrees of respect for the precautionary principle; the question whether the principle is already implicitly present; Conclusion that it has not yet been cited before the Court of Arbitration or the Council of State and that it is not established in the legal systems of two of the Regions; the proposition, however, that it may already be in place by virtue of the Constitution.
European Energy and Environmental Law Review