Diritto e tecnica nella legislazione europea

In the last decades the debate between philosophers and sociologists, like, Jacques Ellul and Emanuele Severino, and jurists, like Natalino Irti, focused on the fight between the omnipotent technology, free from rules and conditioning, and the law, that allows different elements (morality, ideology, religion and technology) to contribute in the rule making process. The relationship between technology and law can be evalutated both considering the rules concerning the technical processes and the technical way of rule making. In European law the dominance of science and technology is due to various reasons, as to assure "efficiency" in the process of harmonisation, formation of an internal market and liberalisation of the services. Neverthless, in the fields of consumers and environmental protection the uncertainty of technical evolution effects has imposed to elaborate new legal concepts to guide the decisional process as the principle of preacaution. The "struggle" of law againts technology is not over.