Scientists edit genes, courts edit directives. Is the court of justice fighting uncertain scientific risk with certain constitutional risk?

Abstract

The gene editing technologies that triggered Case C-528/16, Confédération paysanne, are spearheading a breakthrough in the life-sciences.1 CRISPR/CAS9, for example, allows genes in organisms quickly and with a high degree of precision to be edited, without leaving traces of foreign genetic material. The applications of gene editing are virtually endless, not least commercially, as are therefore the possible implications in terms of a host of (social, ethical, safety, environmental and security) risks.