The International and EU Principle of Prevention: A Different Legal Force?

The present article examines the divergence between the international and EU 'versions' of the principle of prevention in the environmental decision-making process taking place at EU level. While the principle, at least in certain sectors, is widely recognised as a customary international obligation requiring States to prevent environmental harm, its role within the EU legal order—enshrined in Article 191(2) TFEU—has been largely treated as a policy guideline rather than a binding legal rule. Through a comparative analysis, the article explores how this divergence affects environmental decision-making at the EU level. It outlines that, in theory, the 'international version' is able to exert a stronger influence, as violations may trigger relevant legal consequences. By contrast, the EU version lacks enforceability, reducing its capacity to shape environmental governance effectively. The article concludes that this misalignment undermines the coherence of environmental law within the EU.It calls for a reconsideration of the EU's interpretation of Article 191(2) TFEU, advocating for a more binding approach to the principle of prevention, to enhance its legal force and ensure greater alignment with the EU's international obligations.