1. Nudge and the European Union
- Author
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Alemanno, Alberto, Groupement de Recherche et d'Etudes en Gestion à HEC (GREGH), Ecole des Hautes Etudes Commerciales (HEC Paris)-Centre National de la Recherche Scientifique (CNRS), HEC Paris Research Paper Series, and Haldemann, Antoine
- Subjects
media_common.quotation_subject ,EU Law ,behavioural sciences ,JEL: K - Law and Economics/K.K2 - Regulation and Business Law/K.K2.K20 - General ,Dignity ,Political science ,European integration ,randomized control trials ,Member state ,policymaking ,media_common.cataloged_instance ,European union ,media_common ,JEL: I - Health, Education, and Welfare/I.I2 - Education and Research Institutions/I.I2.I28 - Government Policy ,regulatory policy ,impact assessment ,Better regulation ,JEL: M - Business Administration and Business Economics • Marketing • Accounting • Personnel Economics/M.M0 - General/M.M0.M00 - General ,article ,regulation ,JEL: K - Law and Economics/K.K2 - Regulation and Business Law/K.K2.K23 - Regulated Industries and Administrative Law ,behavioural policy ,Directive ,Competition law ,nudges ,JEL: I - Health, Education, and Welfare/I.I1 - Health/I.I1.I12 - Health Behavior ,Consumer Bill of Rights ,Brexit ,JEL: J - Labor and Demographic Economics/J.J1 - Demographic Economics/J.J1.J18 - Public Policy ,Political economy ,Recht und Gesellschaft ,JEL: K - Law and Economics/K.K3 - Other Substantive Areas of Law/K.K3.K32 - Environmental, Health, and Safety Law ,ddc:342 ,[SHS.GESTION]Humanities and Social Sciences/Business administration ,JEL: K - Law and Economics/K.K0 - General/K.K0.K00 - General ,[SHS.GESTION] Humanities and Social Sciences/Business administration ,libertarian paternalism - Abstract
Europe has largely been absent from the US-dominated debate surrounding the introduction of nudge-type interventions in policy-making. Yet the European Union and some of its Member States are exploring the possibility of informing their policy action with behavioural insights. While a great deal of academic attention is currently been paid to the philosophical, ethical and other abstract implications of behavioural-informed regulation, such as those concerning autonomy, dignity and moral development, this chapter charts and systematizes the incipient European Nudge discourse. Besides a few isolated initiatives displaying some behavioural considerations (e.g. consumer rights, revised tobacco products directive, sporadic behavioural remedies in competition law), the EU – similarly to its own Member States – has not yet shown a general commitment to systematically integrate behavioural insights into policy-making. Given the potential of this innovative regulatory approach to attain effective, low-cost and choice-preserving policies, such a stance seems surprising, especially when measured against growing citizen mistrust towards EU policy action. At a time in which some EU countries are calling for a repatriation of powers and the European Commission promises to redefine - in the framework of its Better Regulation agenda - the relationships between the Union and its citizens, nudging might provide a promising way forward. In the aftermath of the Brexit vote, this promise has not only been shared by the 27 remaining Member State but also represents one of their major priorities . Yet with promises come challenges too. The chapter proceeds as follows. Section 2 sets the scene by discussing the growing appeal of nudging among policymakers within and across Europe. Section 3 introduces the notion of behavioural policymaking and contrasts it with that of nudging. Section 4 describes the early and rather timid attempts at integrating behavioural insights into EU policymaking and identifies some domestic experiences. Section 5 discusses the institutional and methodological efforts undertaken by the EU and some of its member states to embrace behavioural policymaking. In turn, section 6 discusses the major difficulties of integrating behavioural insights into EU policymaking and offers some concluding remarks.
- Published
- 2020