Development of the Principle of Precaution in the French Administrative Law

Development of the principle of precaution in the French administrative law is analyzed. The specified principle enters into legal adjustment the increased level of a care of state bodies of wellbeing of the population in spheres of environmental protection and health care, mainly. The increased level of a care assumes and demands from state bodies more serious intensifying of security measures concerning objects of technological progress which impact on human health and the surrounding environment which is still insufficiently studied. The difference between the principle of precaution and the principle of prophylaxis (preventive mesures) is carried out: the first differs from the last in the fact that the principle of precaution gravitates to prevention of cases of risk which possibility is just supposed how, for example, risks residual or delayed, or absolutely unknown as risks of development whereas the principle of prophylaxis (preventive mesures) aims to prevent the consequences of risks causing damage known which cases of implication give in to calculation of probability and fall for this reason in the field of insurance activity. For lack of evidence-based confidence in a possibility of a serious injury and (or) irreparable injury the principle of precaution has to induce not to abstemiousness, but to vigorous activity of the subjects burdened with the corresponding duties and to lead to acceptance of the effective and adequate measures designed to prevent deterioration in the environment and an adverse effect on health of the person by them. It is emphasized that despite the fact that a circumstance that the Basic law about environment protection assigns the demand about necessary and sufficient precaution only to "the public authorities", it isn't excluded also expansion with court of this principle on the attitude and towards those subjects who make the decision in a private order and are capable to calculate risks and to take necessary precautionary measures.