Die Freiheit wissenschaftlicher Forschung im Umweltrecht

The fundamental right to freedom of science in Article 5 of the German constitution may collide with the constitutional duty to protect the natural foundations of life and animals in Article 20a. In order to resolve this conflict and according to the principle of practical concordance, the legislator is required to balance both constitutional values and to find a fair compromise. Quite frequently this compromise will take the form of specific exemptions for scientific research. Stricter standards apply where environmental provisions are based on a precautionary approach and ban certain activities due to the fact that their risks are unknown or uncertain. If scientific research is aimed at these knowledge gaps and uncertainties, exemptions must be granted more generously.