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CHALLENGES OF REGULATION FOR GAMES ON CHANCE - THE GAMBLER TAKES IT ALL
Abstract
Games on chance make important part of the free movement of services within the European Union (hereinafter: EU) internal Market. Due to the development of technology, the online gambling is a fast developing activity in Europe. Since this activity can be provided by the Internet the market of the gambling industry practically doesn´t have physical limits. Different kinds of gambling services often operate across borders and can also operate outside the control of individual EU countries national authorities. This makes control of the Member State difficult and possibilities for different manipulations and exposition of consumers to fraud even higher. Besides, no sector-specific EU legislation for gambling services makes gambling and particularly online gambling subject of diverse regulatory frameworks. With national measures alone, Member States are unable to provide individuals with effective protection. Therefore, the main initiative regarding regulation of games on chance at the moment is on the European Court of Justice (hereinafter: ECJ) and its judgment in the area of gambling. In the light of paternalistic protection of citizens morals and welfare, authors analyze whether online games of chance should be regulated as common EU policy or its regulation is justified by current practice of the ECJ.
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References15
Barnard, C. (2013). The substantive law of the EU, The four freedoms, Fourth edition. Oxford, UK: Oxford University Press.
Hornle, J., Zammit, B. (2010). Cross-border Online Gambling Law and Policy. UK: Edward Elgar, Publishing Limited.
Horak, H., Dumančić, K. (2013). Deregulation in the Field of Games on Chance/on-line gambling – in Favour of Citizens. SOTICS 2013: The Third International Conference on Social Eco-Informatics, Lisbon, Portugal.
Kaburakis, A. (2011). European Union Law, Gambling, and Sport Betting - European Court of Justice, Member States Case Law and Policy. In P. Anderson, I. Blackshaw, R. Siekmann, J. Soek (Eds.), Sports Betting: Law & Policy (pp. 27-97). Heidelberg, Germany: Springer Verlag. Retrieved from: http://ssrn.com/abstract=1977342.
Horak, H., Dumančić, K., Pošćić, A. (2017). Regulacija igara na sreću u Europskoj uniji. Zagreb: Školska knjiga.
Zibold, F. (2013, May 2). Online gambling in the EU. Library Briefing - Library of European Parliament. Retrieved from: http://www.europarl.europa.eu/RegData/bibliotheque/briefing/2013/130509/LDM_BRI(2013)130509_REV1_EN.pdf.
Budd, A. (2001, July). Gambling Review Report (The Budd Report). United Kingdom Government Department for Culture, Media and Sport. Retrieved from: http://www.culture.gov.uk/what_we_do/Gambling_racing/QuickLinks/Publications/?expand=arc hive_2001.
New, B. (1999). Paternalism and public policy, Economics and Philosophy, 15(1), pp. 63–83.
McGuire, L., Prior Jason, E., Lindorff, M. (2012). Paternalism and the Pokies: Unjustified State Interference or Justifiable Intervention? Journal of Bussiness Ethics, 110(3), p. 261.
Dworkin, G. (1971). Paternalism. In R. A. Wasserstrom (Ed.), Morality and the Law (p. 123). Belmont, California: Wadsworth.
Hary, H. (1992). Legal Paternalism and Legal Moralism: Devlin, Hart and Ten. An International Journal of Jurisprudence and Philosophy of Law, 5(2), p. 191.
Basham, P., White, K. (2002). Gambling with Our Future? The Costs and Benefits of Legalized Gambling. Vancouver: The Fraser Institute, p. 123.
Littler, A. (2011). Member States versus the European Union: The Regulation of Gambling. Leiden, Boston, pp. 48-49.
Planzer, S., Wardle, H. (2011, October 1). The Comparative Effectiveness of Regulatory Approaches and the Impact of Advertising on Propensity for Problem Gambling. Responsible Gambling Fund, p. 10. Retrieved from: http://ssrn.com/abstract=2045052.
Casabona, S. (2014, January). The EU’s online gambling regulatory approach and the crisis of legal modernity. Working Paper No. 19. Retrieved from: http://aei.pitt.edu/47671/1/WP19-Online-Gambling-Regulations.pdf.
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