Nudge and the Law: A European Perspective

by Alberto Alemanno (Editor), Anne-Lise Sibony (Editor)

Overview

Behavioural sciences help refine our understanding of human decision-making. Their insights are immensely relevant for policy-making since public intervention works much better when it targets real people rather than imaginary beings assumed to be perfectly rational. Increasingly, governments around the world are keen to rely on those insights for reshaping public interventions in a wide range of policy areas such as energy, health, financial services and data protection. When policy-making meets behavioural sciences, effective and low-cost regulations can emerge in the form of default rules, smart disclosure and simplification requirements. While behaviourally-informed intervention has a huge potential for policymaking, it also attracts legitimacy and practicability concerns. Nudge and the Law takes a European perspective on those issues and explores the legal implications of the emergent phenomenon of behavioural regulation by focusing on the challenges and opportunities it may offer to EU policy-making and beyond.

Product Details

ISBN-13:	9781509918355
Publisher:	Bloomsbury Academic
Publication date:	12/28/2017
Series:	Modern Studies in European Law
Pages:	400
Product dimensions:	6.14(w) x 9.21(h) x 0.82(d)

About the Author

Alberto Alemanno is Jean Monnet Professor of EU Law and Risk Regulation at HEC Paris and Global Clinical Professor at New York University School of Law.
Anne-Lise Sibony is Professor of EU Law at the University of Louvain.

Table of Contents

Foreword Cass R Sunstein v

Figures xxi

Tables xxiii

Contributors xxv

1 The Emergence of Behavioural Policy-Making: A European Perspective Anne-Lise Sibony Alberto Alemanno 1

Part I Integrating Behavioural Sciences into EU Law-Making

2 Behavioural Sciences in Practice: Lessons for EU Rulemakers Fabiana Di Porto Nicoletta Rangone 29

3 Nudging and Evidence-Based Policy in Europe: Problems of Normative Legitimacy and Effectiveness Muireann Quigley Elen Stokes 61

4 Judge the Nudge: In Search of the Legal Limits of Paternalistic Nudging in the EU Anne van Aaken 83

Part II De-Biasing Through EU Law and Beyond

5 Can Experts be Trusted and what can be done about it? Insights from the Biases and Heuristics Literature Oren Perez 115

6 Overcoming Illusions of Control: How to Nudge and Teach Regulatory Humility Claire A Dunlop Claudio M Radaelli 139

Part III The Impact of Behavioural Sciences on EU Policies

7 Behavioural Sciences and EU Data Protection Law: Challenges and Opportunities Eoin Carolan Alessandro Spina 161

8 Behavioural Sciences and the Regulation of Privacy on the Internet Frederik Zuiderveen Borgesius 179

9 EU Consumer Protection and Behavioural Sciences: Revolution or Reform? Anne-Lise Sibony Geneviève Helleringer 209

10 What can EU Health Law Learn from Behavioural Sciences? The Case of EU Lifestyle Regulation Alberto Alemanno 235

11 Conduct of Business Rules in EU Financial Services Regulation: Behavioural Rules Devoid of Behavioural Analysis? Pieter Van Cleynenbreugel 255

Part IV Problems with Behaviourally Informed Regulation

12 Making Sense of Nudge-Scepticism Three Challenges to EU Laws Learning from Behavioural Sciences Péter Cserne 279

13 Behavioural Trade-Offs Beyond the Land of Nudges Spans the World of Law and Psychology Yuval Feldman Orly Lobel 301

14 Epilogue The Legitimacy and Practicability of EU Behavioural Policy-Making Alberto Alemanno Anne-Lise Sibony 325

Index 349

Editorial Reviews

I unreservedly recommend it to anyone who is interested in behavioural law and economics or wants to know more about the limitations of the current EU law and how improvements can be made.” —Dr. Qi Zhou, Maastricht jourbanal of European and comparative law

“In Nudge and the law1 Alemanno and Sibony have gathered together an important set of contributions to the debate about “behaviourally informed regulation”.” —Fabrizio Esposito, Humana.Mente Jourbanal of Philosophical Studies

“The book makes important and novel contributions in a range of topics on both a theoretical and a substantial level.” —Philipp HACKER, European Review of Private Law

“[The book] offers an excellent and, in my view, quite comprehensive picture of the behavioural legal research currently conducted at European universities by younger or already renowned researchers of the field. The particular charm of [this work] is its coverage of a wider range of policy areas and its stronger emphasis on the many exiting and important theoretical and methodological problems inherent in this relatively new school of research.” —Brigitta Lurger, Professor at University of Graz, The Jourbanal of European Consumer and Market Law

“I recommend the book to scholars with an interest in regulation, public law or law and economics although there is also much of value here for a generalist audience, too.” —Mike Varney, The University of Hull 2017, EUROPEAN PUBLIC LAW

From the Publisher