Due to its intrinsic need to establish an internal market even against the nation states’ will, EU law has always had to rely on the responsiveness of its peoples in order to make the establishment of the internal market a success. As to this need, top-down macro-economic regulation without a social bottom-up backup by the peoples of Europe has mostly failed. This creates a “legitimacy market failure” of the EU internal market, which needs to be cured by responsive regulation. Data gained from behavioural research are the right tools to cure such a market failure in EU internal market law. The provision of hard data from behavioural research is the most promising way to do so as it leaves little room for Member States to behave opportunistically. By combining responsive regulation and behavioural economics, the EU is able to first listen to its people and second incentivise Member States to act in the best interest for its peoples and the internal market.
|Title of host publication||European Perspectives on Behavioural Law and Economics|
|Place of Publication||Switzerland|
|Publisher||Springer International Publishing Switzerland|
|Publication status||Published - 2015|
|Name||Economic Analysis of Law in European Legal Scholarship|
Purnhagen, K. (2015). Why Do We Need Responsive Regulation and Behavioural research in EU internal market law? In K. Mathis (Ed.), European Perspectives on Behavioural Law and Economics (Vol. 2, pp. 51-69). (Economic Analysis of Law in European Legal Scholarship ). Switzerland: Springer International Publishing Switzerland. https://doi.org/10.1007/978-3-319-11635-8_4