Jorge Morais Carvalho

SCIENTIFIC AND PROFESSIONAL PROFILE AND CAREER

My professional and scientific career can essentially be divided into four periods.
Between 2002 and 2011, I focused on my doctoral dissertation, immersing myself in Consumer Law. In addition to an exhaustive analysis of legislation, doctrine, and case law, I worked with real cases involving consumers and traders, first as a mediator and then as the coordinator of a mediation unit. I participated in drafting several legislative opinions, led the completion of a research project in the area of contract breach (PTDC/JUR/65141/2006), and began teaching some classes linked to my research.
Between 2011 and 2015, my primary focus encompassed teaching and the production of scientific articles and books. I instructed approximately ten distinct curricular units at both NOVA School of Law and the Autónoma University of Lisbon. I authored and published around thirty books and scientific articles. Additionally, I served on the Board of CEDIS for approximately two years and briefly worked as an advisor to a government official.
Between 2015 and 2021, my focus shifted towards internationalization, involving active participation in conferences, colloquia, and courses across Europe, South America, and Africa. I significantly increased my involvement in academic supervision, guiding more than ten students each year. I actively participated in numerous studies, initiatives, and research activities both nationally and internationally, with a particular highlight being the coordination of funded projects. Throughout this period, I authored and published approximately sixty books or scientific articles.
Since 2021, despite preserving significant scientific output, with approximately ten books or scientific articles published each year, my main activity has been managing the School, as Vice-Dean in charge of teaching and learning. In the realm of research, my main objective is to foster teamwork through the NOVA Consumer Lab and progressing towards joint publications.

 

CONTRIBUTIONS TO SCIENCE AND SOCIETY

CONTRIBUTIONS TO THE GENERATION OF NEW IDEAS, TOOLS, METHODOLOGIES OR KNOWLEDGE

As far as scientific publications are concerned, I am the author or co-author of around 150 books and articles in the fields of Private Law, Commercial Law, Consumer Law, Civil Procedural Law, Alternative Dispute Resolution and Comparative Law. I have also taken part in more than 180 seminars, conferences, webinars, scientific colloquia, and training courses in Argentina, Brazil, Cape Verde, Chile, Colombia, England, Italy, Luxembourg, Mozambique, Peru, Poland, Portugal, and Spain.
From a thematic perspective, my primary focus has centred on both legal and non-legal dimensions within Consumer Law. The “Manual de Direito do Consumo”, now in its 8th edition, stands as a seminal work that consolidates extensive research drawn from national and international scientific articles. This includes contributions from discussions at conferences, particularly those of an international nature, involving prominent experts in the field. The proliferation of invitations to participate in international projects and events has provided continuous opportunities for knowledge enhancement and networking. Serving as the editor of EuCML – Journal of European Consumer and Market Law further facilitates regular and robust engagement with a broad spectrum of professors, researchers, policymakers, representatives, and professionals deeply involved in shaping consumer law and policy.
The organisation of the “Consumer Conference 2021 – Sustainability and Consumption” allowed for the virtual gathering of numerous experts in the realms of consumer law and sustainability at NOVA School of Law. The event featured fifty distinguished speakers and moderators, drawing an audience of approximately three hundred and fifty participants.
While not neglecting the exploration of other facets within Consumer Law, my primary areas of focus since my doctorate in 2011 have revolved around distance contracting. Specifically, I have delved into the intricacies of contracting and other challenges inherent in the digital market, as well as the dynamics of the sale of consumer goods. Additionally, I have dedicated significant attention to the study of alternative dispute resolution in consumer disputes.
With regard to the challenges of the digital market, I would highlight the publication in 2014 of a commentary on the legislation that regulates distance contracts in Portugal and a series of scientific articles published in collective works and international journals – “Tecnología, Plataformas Digitales y Derecho del Consumo: Evolución Legislativa Reciente en la Unión Europea” (2023); “Online Platforms: Towards an Information Tsunami with New Requirements on Moderation, Ranking, and Traceability” (2022); “Introduction to the Digital Services Act, Content Moderation and Consumer Protection” (2021); “Airbnb Ireland Case: One More Piece in the Complex Puzzle Built by the CJEU Around Digital Platforms and the Concept of Information Society Service” (2020); “New Developments in EU Consumer Contract Law” (2019).
The topic of the sale of goods has consistently held a significant place in my research, with a heightened emphasis in recent years following the enactment of Directives (EU) 2019/770 and 2019/771. These directives govern the provision of digital content and digital services, as well as the sale of consumer goods. In 2022, I published two books specifically addressing these directives and their incorporation into Portuguese law. Furthermore, I have contributed several book chapters delving into the intricacies of this subject – “The Impact of EU Directives 2019/770 and 2019/771 – Portugal” (2023); “Directive (EU) 2019/770 on Certain Aspects Concerning Contracts for the Supply of Digital Content and Digital Services” (2022); “Introducción a las Nuevas Directivas sobre Contratos de Compraventa de Bienes y Contenidos o Servicios Digitales” (2020).
Regarding consumer alternative dispute resolution, a pivotal contribution is the “Manual de Resolução Alternativa de Litígios de Consumo”, published in 2017. Subsequent advancements in this field have been disseminated through book chapters and scientific articles – “Consumer ADR in the European Union and in Portugal as a Means of Ensuring Consumer Protection” (2020); “Reflexão sobre a Arbitragem e a Mediação de Consumo na Lei de Defesa do Consumidor – A Lei n.º 63/2019, de 16 de Agosto” (2020); “Resolução Alternativa de Litígios de Consumo por Entidades Reguladoras” (2020).
I have also delved into contemporary consumer law issues, reflecting on topics such as the role of vulnerability in “Vulnerabilidad y Consumo: ¿Tiene Sentido una Distinción entre Consumidores Vulnerables y No Vulnerables?” (2022). Additionally, I explored the intersection of consumer law and sustainability in “The (Un)Sustainability of the Sale of Goods in Directive (EU) 2019/771” (2024) and “The Premature Obsolescence of the New Deal for Consumers” (2021).

 

CONTRIBUTIONS TO THE TRAINING AND CAREER DEVELOPMENT OF RESEARCHERS AND/OR RESEARCH TEAMS

A paramount objective throughout my career has been contributing to the theoretical and practical education of students and researchers. The NOVA Consumer Lab operates under the principles of teamwork, providing support to young researchers, from both myself and other seasoned professionals. The centre’s initiatives encompass various activities, including organising events, publishing articles and other scientific dissemination content, conducting interviews with academics and professionals for our podcast, and crafting texts for the blog. In its initial stages, the team also facilitated the mediation of actual consumer disputes and supported arbitration procedures. Over the past twenty-three years, the centre has welcomed more than two hundred individuals, equipping them with both theoretical insights and practical knowledge that they have successfully applied in their respective careers.
Another area in which my contribution to the training of young researchers stands out, in addition to my teaching activities in undergraduate and postgraduate courses, is that of supervising academic work, particularly master’s dissertations. More than seventy dissertations have been successfully completed, in a variety of fields, but mostly focussed on consumer law issues.
To enhance the curriculum and broaden the experience of young researchers, I have actively encouraged collaborative writing of articles and case law commentaries, particularly those emanating from the European Court of Justice. I would like to underscore three noteworthy publications in national journals in 2023: “Dieselgate e Responsabilidade do Vendedor à Luz da Diretiva 1999/44/CE – Comentário ao Acórdão Porsche Inter Auto e Volkswagen”; “A Extensão do Dever de Fiscalização Oficiosa do Caráter Abusivo de Cláusulas Contratuais Gerais – Comentário ao Acórdão Lintner”; “A Boa-Fé como Critério para a Avaliação do Caráter Abusivo de CCG – Comentário ao Acórdão Nova Kreditna Banka Maribor”.

 

CONTRIBUTIONS TO THE SCIENTIFIC COMMUNITY

Throughout my career, I have actively engaged in the editorial oversight of different journals. Notably, I have served as the editor of the EuCML – Journal of European Consumer and Market Law. Additionally, I am on the Board of Themis, the journal of NOVA School of Law. My involvement extends to consultancy roles for both national and international publications.
I have undertaken numerous blind peer review processes for journals and other publications, contributing my expertise to both national and international platforms. Furthermore, I have provided opinions for two prominent international publishers on book projects related to European and international consumer law.
Collaborating with colleagues, I played a crucial role in organising several national and international conferences. Notably, the Consumer Conference 2021, mentioned earlier, and the conference “Enforcing EU Consumer and Market Law – 10 Years of the Journal of European Consumer and Market Law” in 2022, which convened numerous professors and researchers from diverse nationalities to discuss cutting-edge issues. I also spearheaded the coordination of smaller-scale events like the NOVA Consumer Talks (2020/2021), the Cycle of Seminars on Digital Contracts (2020), and the European Consumer Law Seminars (2019). These initiatives attracted around two dozen professors from leading European universities, fostering meaningful engagement among students and researchers.

 

CONTRIBUTIONS TO SOCIETY

Throughout my career, I have always been concerned with ensuring that my activities not only had an impact on the scientific community, but also on the public, including consumers and companies on the one hand, and public bodies and consumer and professional associations on the other.
As well as taking part in events at schools and organising a significant number of training courses for lawyers and non-lawyers working in the field, I have coordinated the School’s consumer mediation and arbitration centre, interacting with real consumers and traders as a mediator, arbitrator, advisor or case manager in thousands of cases.
I have also prepared various opinions and draft legislation at the request of the Directorate-General for Consumers, European institutions, and regulatory bodies, in particular the study of standard contracts presented by electricity suppliers and the draft articles of the Commercial Relations Regulation common to the electricity and natural gas sectors.
Finally, I would like to highlight the scientific and executive coordination of the Consumer Academy for CIAC, a project prepared by JURISNOVA and NOVA Consumer Lab, with the collaboration of the Directorate-General for Consumers and the support of the Fund for the Promotion of Consumer Rights, aimed at training technicians from municipalities who deal with consumers on a daily basis. As part of this project, I visited more than three dozen municipalities from the north to the south of mainland Portugal.

 

SCIENTIFIC PRODUCTION AND/OR SELECTED ACTIVITIES

The five aspects I would like to highlight from the period between 2018 and 2023 are as follows: (i) publication of multiple editions of the “Manual de Direito do Consumo”, which systematises and updates the subject based on all my research in the field of Consumer Law, (ii) organisation of the “Consumer Conference 2021 – Sustainability and Consumption”, (iii) preparation of a study on the legality of the terms and conditions of standard contracts presented by electricity suppliers, (iv) coordination of the Consumer Academy for CIAC, and (v) management of the teaching and learning areas of NOVA School of Law as Vice-Dean.
While singling out any of my other sixty or so publications from this period is challenging, the “Manual de Direito do Consumo” stands out as a work that best reflects my research, integrating the finest and essential aspects of my scientific output. It has also significantly impacted citations in doctrine and case law.
The Consumer Conference 2021 brought to NOVA School of Law leading experts on one of the most crucial consumer law issues of the current decade: the link between consumption and sustainability. The event featured fifty speakers and moderators, including European Commissioner Didier Reynders, Secretary of State for Trade, Services, and Consumer Protection João Torres, Catarina de Albuquerque, Christian Twigg-Flesner, Hans-Wolfgang Micklitz, and Lennart Olson.
The study of the terms and conditions of all contractual models of electricity supply companies symbolises the work carried out in recent years in consumer law policy, contributing to an effective improvement in the application of the legislation.
The Consumer Academy for CIAC was a highly rewarding project, enabling us to travel around the country over two years and understand how local structures dedicated to consumer protection operate. Training technicians is essential for them to provide better service to the population, and this was a unique project for training people with limited access to information.
The position of Vice-Dean at NOVA School of Law allows me to contribute daily to ensuring that students, researchers, and professors have the necessary conditions to focus on their primary tasks of researching, teaching, and learning. Focusing on structural aspects, my main endeavour involves the automation of procedures, with those related to course applications, enrolments, registrations, and master’s dissertations already completed.

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