Nudging as a tool: the case of the transposition of EU Directives.

Member States transposing Directives into national law can choose the methods for such transposition but should prefer those practices best suited to ensure the attainment of the Directive’s goals. While we understand that nudges should be include in the toolbox, it's also true they raise a few concerns. One concerns the issue of transparency between citizens and representatives: although the trade-off here seems to be between transparency and effectiveness, that is not necessarily the case as some recent evidence shows. Secondly, nudges can defy the principle of proportionality, especially if they induce people to do things in a way that is contrary to fundamental rights and freedoms. Thirdly, though nudges can be less restrictive comparing to more traditional methods, they can also implicate a form of instrumentalization, which triggers the application of the principle of human dignity and brings us back to the distinction between acceptable and unacceptable paternalism.