L’usage par les juges allemands de la connaissance scientifique sur la dangerosité des pesticides et des ondes électromagnétiques

• Main Author: Bernhard Kresse
• Format: Article
• Language: fra
• Published: Éditions en environnement VertigO 2016-12-01
• Series: VertigO
• Subjects: german courts; scientific knowledge; competent authority; specialized authorities; opinions of judicial experts; pesticides
• Online Access: http://journals.openedition.org/vertigo/17835

This article offers an analysis of how German courts deal with scientific knowledge concerning the risks of pesticides and of electromagnetic waves. Of course, the courts need to establish scientific knowledge in all relevant cases dealing with risk evaluation, the question is, however, how this knowledge can be established in the proceedings. Concerning administrative court proceedings, the courts have a tendency to follow the results and evaluations of the competent authority. In case there exist official threshold value established by specialized authorities, the courts will generally apply these values, in administrative as well as ordinary proceedings. Opinions of judicial experts, however, are generally used only to confirm the result of the competent authority or the result found by application of the threshold values established by specialized authorities. If the opinion of a judicial expert is not in conformity with these findings, the court will usually argue that the opinion is not convincing.