Principio de precaución, proporcionalidad y evaluación ex ante y ex post de las normas jurídicas. El caso del lobo ibérico

Abstract

In a risk society like the current one, the precautionary principle represents a fundamental piece of the decision-making process, as it has been recently proved by the inclusion of the iberian wolf populations that live south of the Duero in the List of native species that deserve special protection in Spain.This work explains the regulatory and jurisprudential configuration of the precautionary principle on the international, european and national levels. It also studies the relationship between the precautionary principle and the proportionality principle, outlining the importance of the ex ante and the ex post evaluations in a scenario in which the scientific uncertainty that determines the application of the precautionary principle modulates the suitably test and the proportionality principle restrict the discretion of the regulatory bodies selecting the measures that could elude some risk.