Innovation, precaution, and sustainable development in EU environmental law—a false trichotomy?

ABSTRACT In European (environmental) law, the precautionary principle sets, inter alia, norms for the regulation of technology. Some argue that the precautionary principle causes excessive risk aversion and that it hinders innovation. The ‘innovation principle’ has been suggested as a necessary countermeasure. Since then, the innovation principle has been mentioned in several policy and one (non-binding) legislative document(s), including the Research and Innovation Tool that forms part of the Commission’s Better Regulation framework. The interpretation of the set principle has evolved in the process. We review the use and function of the innovation principle within EU policymaking and investigate the relationship between the precautionary principle, the innovation principle, and the principle of sustainable development. The conclusion that we draw from this is that, since the principles of sustainable development and precaution already apply to innovation, the innovation principle is superfluous.