SciELO - Scientific Electronic Library Online

vol.8 issue2The Problem With Nudges: Paternalism, Autonomy, and Transparency author indexsubject indexarticles search
Home Pagealphabetic serial listing  

Services on Demand




Related links

  • Have no similar articlesSimilars in SciELO


e-Pública: Revista Eletrónica de Direito Público

On-line version ISSN 2183-184X


FRANCO, RAQUEL; LOPES, PEDRO MONIZ  and  SAMPAIO, JORGE SILVA. THE CASE OF THE TRANSPOSITION OF EU DIRECTIVES. e-Pública [online]. 2021, vol.8, n.2, pp.4-25.  Epub Feb 02, 2022. ISSN 2183-184X.

Member States transposing Directives can choose the methods for such transposition but should elect such practices which are best suited to ensure the attainment of the Directive’s goals. Notwithstanding the fact that a legislative act is needed in order to transpose EU law into national law, the goals addressed by the directive can often be attained through the use of “nudges”.

The efficacy they reveal comes, some will argue, with the downside of some ethical and political concerns, namely concerning transparency in the relationship between citizens and representatives. Also, nudges can be seen as contrary to the principle of proportionality, especially if they induce individuals to act in a way that is contrary to fundamental rights and freedoms. Nudges can be prima facie less restrictive comparing to more traditional strategies, but they can also implicate a form of instrumentalization, which may trigger the application of the principle of human dignity.

        · abstract in Portuguese     · text in Portuguese     · Portuguese ( pdf )