Scholarly record

CHALLENGES OF REGULATION FOR GAMES ON CHANCE - THE GAMBLER TAKES IT ALL

Kosjenka Dumancic, B. Preloznjak

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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