Fabrizio Esposito

Fabrizio Esposito
Universidade NOVA de Lisboa | NOVA · Centre for Research in Law and Society (CEDIS)

Juris Doctor (EUI) LL.M. (EUI)

About

59
Publications
6,501
Reads
How we measure 'reads'
A 'read' is counted each time someone views a publication summary (such as the title, abstract, and list of authors), clicks on a figure, or views or downloads the full-text. Learn more
102
Citations
Citations since 2017
55 Research Items
98 Citations
20172018201920202021202220230510152025
20172018201920202021202220230510152025
20172018201920202021202220230510152025
20172018201920202021202220230510152025
Introduction
Assistant Professor of Private Law, NOVA School of Law. Motto: United in diversity, law and economics will have a brighter future. (forthcoming book on this) Interested in improving the EU internal market with law & economics, law & behavioural sciences, and legal theory. Postdoc at the Safra Center, University of Tel Aviv. Ph.D., EUI. Visiting scholar, Helsinki, UCLouvain, Pisa. Lecturer, Wageningen University & Research.
Additional affiliations
January 2017 - April 2017
University of Helsinki
Position
  • Visiting Research and Invited Lecture in EU Internal Market Law
September 2014 - September 2018
European University Institute
Position
  • PhD Student
January 2013 - present
Università commerciale Luigi Bocconi
Position
  • Research Assistant

Publications

Publications (59)
Article
This article provides an overview of the most relevant cases decided by the Court of Justice of the European Union concerning contract law. The present issue covers the period between the beginning of January 2023 and the end of March 2023. Out of a total of 265 judgments decided in this period, 57 had a contract law dimension.
Article
This article provides an overview of the most relevant cases decided by the Court of Justice of the European Union concerning contract law. The present issue covers the period between the beginning of July 2022 and the end of December 2022. Out of a total of 265 judgments decided in this period, 57 had a contract law dimension.
Article
Full-text available
This article provides an overview of the most relevant cases decided by the Court of Justice of the European Union concerning contract law. The present issue covers the period between the beginning of January 2022 and the end of June 2022. Out of a total of 270 judgments decided in this period, 52 had a contract law dimension.
Article
This article argues that the General Data Protection Regulation grants to consumers-data subjects the right to be offered the impersonal price. Consumers-data subjects have the right to resist the processing of their personal data to offer a personalized price to them; accordingly, they will be offered the impersonal price. More precisely, consumer...
Article
Full-text available
An important goal of EU energy policy is to ensure energy justice during the green transition. The Commission considers the functioning and competitiveness of the retail energy market for households to be proxies for justice and consumer welfare. The European Barriers in Retail Energy Market Project (the EB Project) is instrumental in assessing and...
Article
This article provides an overview of the most relevant cases decided by the Court of Justice of the European Union concerning contract law. The present issue covers the period between the beginning of June 2021 and the end of December 2021. Out of a total of 329 judgments decided in this period, 55 had a contract law dimension.
Article
Full-text available
Transparency counts amid the most typical and inherent elements of the current consumer protection toolbox in EU law. For a long time, the exact premises of this requirement have been understood in a standardized way, taking the concept of an average consumer as the benchmark. The case of 93/13/EEC Directive (UCTD) is particularly striking in this...
Article
This article provides an overview of cases decided by the Court of Justice of the European Union concerning contract law. The present issue covers the period between the beginning of January 2021 and the end of May 2021.
Article
Full-text available
This article provides an overview of cases decided by the Court of Justice of the European Union concerning contract law. The present issue covers the period between the beginning of July 2020 and the end of December 2020.
Article
The starting point of this essay is the question “Under what conditions is the legal practitioner justified in ignoring the economic point of view?”. This question leads to an inquiry of the relation between the disagreements economists have with the law and theoretical disagreements. The essay makes two main claims. First, the disagreements econom...
Chapter
Full-text available
Recently, EU Consumer law has undergone a ‘Fitness Check’ (or REFIT). We thought that checking the fitness for purpose of a body of law would involve revisiting its purpose. This is why we expected to find in the rich REFIT documentation (over 4000 pages of studies and Commission documents) an explicit discourse on the goals of consumer law. Our ai...
Article
This article moves from the premise that a bilateral relationship between law and economics requires the contribution of the theory of legal argumentation. The article shows that, to be legally relevant, economic consequences have to be incorporated into interpretive arguments. In this regard, the jurisprudential preface strategy proposed by Craswe...
Preprint
Full-text available
Price personalisation raises four policy concerns: building trust, fostering competitiveness, increasing access, and avoiding exploitation. The Modernisation Directive introduces an information requirement about personalised prices. The research explains how this information requirement can and shall be used to make price personalisation pro-compet...
Article
Full-text available
The recent book Consumer Theories of Harm is an important contribution to consumer policy. It is the first attempt to develop theories of harm for consumer law. This essay presents the main arguments of the book (Sections 1 and 2). There are four archetypal scenarios of harm that consumer law should consider: the scam, the lemon, the shock, and the...
Chapter
This chapter describes a novel and valuable approach to the relationship between economic analysis and the law called “reverse engineering legal reasoning”. Social engineering conceives of the law as a means to social ends and of the economist as the technician studying to what extent laws are fit for purpose. Building on this idea, reverse enginee...
Book
Full-text available
This Palgrave Pivot is the first book in the field of Law & Economics looking at the relationship between economics and law in legal reasoning. The book constitutes a reference point for the economic analysis of legal institutions, as legal reasoning remains the dimension of legal systems least explored by economists. Despite their differences, ec...
Article
Full-text available
Joint intentionality is a concept en vogue in general jurisprudence. Richard Ekins has relied on joint intentionality to account for how legislatures can have intentions. At a more foundational level, Scott Shapiro has relied on shared intentions for explaining the normativity of legality. In this essay, we propose a metaphysically parsimonious ap...
Article
This article provides an overview of cases decided by the Court of Justice of the European Union concerning contract law. The present issue covers the period between the beginning of July 2019 and the end of December 2019.
Article
Full-text available
Este artigo faz duas coisas. Em primeiro lugar, dar orientações sobre como se orientar na crescente literatura sobre direito e ciências comportamentais, especialmente no campo da pesquisa de consumo. Em segundo lugar, apresentar sugestões (talvez instigantes) para questões de investigação no domínio do direito do consumo e das ciências comportament...
Article
Esta introducción tiene dos objetivos. Primero, brinda una breve descripción de los principales temas tratados por las diversas contribucio-nes. En segundo lugar, coloca las contribuciones en un contexto más amplio. Para este fin, se formulan algunas consideraciones sobre los orígenes de la investigación conductista y su relación con la economía en...
Article
Full-text available
This article strengthens Calabresi’s call for a bilateral relationship between law and economics with two claims. The first claim is that the fitness analysis of Law and Economics (“concept-based fitness”) requires studying legal reasons and reasoning. This is a remarkable difference with the fitness analysis performed by the Economic Analysis of L...
Chapter
Full-text available
A theory is grand when it is bold enough to embody ‘ the sociological imagination ’. Among theorists committed to the epistemology of science, grand theorists that embody the sociological imagination are those who seek big visions in order to achieve lucid summations of what is going on in the world. It is the quality of all that is intellectually...
Article
The Choice Theory of Contracts is an ambitious, concise, and largely successful contribution to contract theory. Choice Theory is a liberal theory of contract law, grounded in a rich notion of autonomy, which stresses the obligation of the legal system to enhance our autonomy by ensuring the multiplicity of contractual types within the spheres of f...
Article
This article provides an overview of cases decided by the Court of Justice of the European Union concerning contract law. The present issue covers the period between mid-July 2018 and the end of January 2019.
Article
Full-text available
Recently, EU Consumer law has undergone a ‘Fitness Check’ (or REFIT). We thought that checking the fitness for purpose of a body of law would involve revisiting its purpose. This is why we expected to find in the rich REFIT documentation (over 4000 pages of studies and Commission documents) an explicit discourse on the goals of consumer law. Our ai...
Book
Full-text available
Book available here: https://www.elgaronline.com/view/edcoll/9781785366604/9781785366604.xml Consumer law is worthy of greater academic attention at a time when many new questions arise and old ones need new answers. This unique handbook takes the reader on a journey through existing literature, research questions and methods. It builds on the sta...
Chapter
Full-text available
For decades, consumer law has been the stepchild of the legal discipline, neither public nor private law, not classic but post-modern, not 'legal enough', 'too political', in short, a discipline at the margins, suffering from the haut gout and striving to change society through law for the 'better'. Just like Atreyu, Frodo Baggins, Luke Skywalker,...
Article
This article provides an overview of cases decided by the Court of Justice of the European Union (CJEU) concerning contract law. The present issue covers the period between mid-January 2018 and mid-July 2018.
Chapter
Full-text available
This chapter challenges the use of total welfare as the axiological assumption adopted by economically-informed legal scholarship in the field of electricity. To do so, it departures from the assumption that the efficiency hypotheses can be grounded in two different economic rationales: the traditional one based on total welfare; and an alternative...
Article
Full-text available
This article claims that the behavioural turn in Law and Economics vindicates the approach of the pre-turn New Haven School. Available accounts of the turn offer useful methodological insights but are unconvincing, because they tend to oversimplify the literature. Building on these insights, the pre- and post-turn literature are reviewed. In so doi...
Article
Full-text available
Before the behavioural turn, the economic account of consumer policy concerns was too optimistic and reductive. After the turn, we, the consumers, are more likely to need from an economic perspective a more intrusive consumer policy. This is the dismality thesis defended in this article. The dismality thesis is a theoretical, comparative, and argum...
Article
This section provides an overview of cases in front of the Court of Justice of the European Union concerning contract law. The present issue covers the period between the beginning of April 2015 and the beginning of January 2017.
Article
This section provides an overview of cases in front of the Court of Justice of the European Union concerning contract law. The present issue covers the period between January 2017 and the middle of July 2017.
Article
The article analyses the conceptual relation between Pareto efficiency ("at lease someone is better-off and no one is worse-off") and allocative efficiency ("consumer welfare is maximized"). In particular, it points out that voluntary exchanges are not always Pareto efficient for the contracting parties and that not all Pareto efficient exchanges a...
Article
Full-text available
Nudge and the Law: A European Perspective by Alemanno Alberto and Sibony Anne-Lise (Eds) Oxford: Hart Publishing, 2015, 336 pp. € 50; Hardcover - Volume 6 Issue 2 - Fabrizio Esposito
Article
With the Commission's Decisions in Lundbeck, Johnson & Johnson and Servier, reverse payments in the pharmaceutical sector have recently come into EU Competition Policy's focus. On the other side of the Atlantic, instead, the decennial jurisprudential debate seems to have arrived at a turning point after the US Supreme Court judgement in Actavis. Th...
Chapter
Full-text available
First, a notion of "legal pragmatism" will be proposed, and it will be compared with Posner's thought on the subject. Secondly, we will analyze the work of Richard Posner the legal economist, to try to understand if, in this capacity, the author actually practices pragmatism. Thirdly, we will comment on Posner's reflection following the ongoing eco...

Network

Cited By