Book – Nudge and the law – A EU perspective (Alemanno A., Sibony A.)

“This book offers an exceptionally impressive, and wide-ranging, set of essays on behaviourally informed approaches to law and regulation in Europe, with particular reference to nudges. In this regard, Alemanno and Sibony offer some helpful reflections on how to assess the autonomy objection to nudges. They argue, plausibly in my view, that many behavioural interventions are neutral with respect to autonomy because they affect behaviour in instances where, in all likelihood, no deliberation would have taken place.”

 Cass R Sunstein, Harvard School of Law

A preview chapter is available here.

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.

THE EDITORS

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.

 

QeA to EU Commission – Animal welfare and export of live animals to third countries

Question for written answer to the Commission – Marlene Mizzi (S&D) – 30th March 2015

Subject:  Export of live animals to countries outside Europe

When EU animals are exported live to countries outside the EU they are no longer protected by European animal welfare law. Investigations by Compassion in World Farming into slaughter in the Middle East have shown that animals are beaten and tied up and have their throats stabbed and hacked at while they are fully conscious.

Can the Commission clarify what measures have been taken to protect exported animals against abuse and cruel treatment in countries outside the EU?

Is the Commission considering taking urgent action to stop this animal trade?

Answer given by Mr Andriukaitis on behalf of the Commission – 11th June 2015

The Commission is aware of the ongoing debate on issues concerning slaughterhouses in the Middle East and is taking this matter seriously.

The Commission has brought this issue to the attention of the Chief Veterinary Officers of the Member States. Furthermore, the Commission organised the first multi-beneficiary Technical Assistance and Information Exchange (TAIEX) workshop on welfare practices at the time of slaughter in Beirut in March 2015. The workshop aimed to address the information pointing towards serious failures by slaughterhouses in meeting international OIE guidelines and standards on welfare at the time of slaughter. Experts from the EU and other countries, including from the World Organisation for Animal Health (OIE), presented information and shared experiences in best practice for slaughter with participants from Lebanon, Turkey, Jordan, Palestine, Egypt and Algeria.

The Commission is not considering banning exports of live animals. However, according to a recent judgment of the Court of Justice of the European Union (1) in case of a long journey of animals with destination in a third country, the organiser of the journey must submit to the competent authorities of the place of departure a realistic journey log which indicates that the provisions of the EU Regulation (2) on the protection of animals during transport will be complied with, including in the stages of the journey taking place outside the EU. The Commission is currently studying the judgment to assess its practical implications.

(1) Judgment in Case C-424/13 Zuchtvieh-Export

(2) Council Regulation (EC) No 1/2005 on the protection of animals during transport and related operations; OJ L 3, 5.1.2005, p. 1.

(Source: EU Parliament website)