European Journal of Law Reform


Designing Information Obligations in EU Consumer and Energy Law

Behavioural Research and Legal Design as ‘Best Available Evidence’

Keywords better regulation, impact assessment, information obligations, consumer law, energy policy, behavioural science, legal design, evidence-based law-making
Authors Esther van Schagen, Jaap Baaij en Isabelle Rueda
Author's information

Esther van Schagen
Esther van Schagen is Assistant Professor at Utrecht University and researcher at the Utrecht Centre for Regulation and Enforcement in Europe (RENFORCE).

Jaap Baaij
Jaap Baaij is Associate Professor at Utrecht University and researcher at the at the Montaigne Centre for Rule of Law and Administration of Justice.

Isabelle Rueda
Isabelle Rueda is Senior Lecturer at the University of Exeter and researcher at the Centre for European Legal Studies (CELS).
  • Abstract

      This article argues that behavioural and legal design insights should become of pivotal importance in the preparation of information obligations in European Union consumer law. Such insights should be considered as ‘relevant’ and ‘best available’ evidence in the sense of the Better Regulation Guidelines and Toolbox because these provide invaluable insights into how consumers process information. Even more than the amended Enforcement and Modernisation Directive, the current revision of the Energy Efficiency Directive illustrates that the inclusion of both behavioural and legal design insights lead to information obligations that are shorter, more accessible and thus potentially more effective.

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