Legal Regulation Of Remote Gambling In The European Union Cover Image

Правно регулисање интернет игара на срећу на нивоу Европске Уније
Legal Regulation Of Remote Gambling In The European Union

Author(s): Vladimir Đukanović
Subject(s): Media studies, EU-Accession / EU-DEvelopment, Financial Markets, EU-Legislation
Published by: Institut za uporedno pravo
Keywords: gambling; Internet; European Lottery; comprehensive framework;

Summary/Abstract: The architects of the European Union as a transnational project never dreamed that a seemingly trivial regulation of online gambling would turn out to be such a significant problem. Today, this topic is the focus of a fierce legal battle in all European institutions, especially the European Parliament. However, the solution in the form of a comprehensive regulation is not yet in sight. Regardless of the fact that Article 56 of the Treaty on the Functioning of the European Union (TFEU) points out that freedom of a Member State citizen established in a Member State other than that of the person for whom the services are intended shall not be restrected39, this provision is practically never applied, at least not in this field of economic activity. There is an enormous resistance on the part of the majority of Member States to unify the EU market in the segment of online gambling and the priority is given to national legislation. Such attitude often results in disputes in front of European courts initiated by companies involved in operation of online gambling against states that refuse to apply the provision on the common market. In order to avoid such situations, many discussions have been held in the European Parliament, but besides the Green Paper and the subsequent Online Gambling Resolution of the European Parliament and, finally, recently passed Communication of the European Commission on the comprehensive framework for online gambling, there have been no significant advances. Nevertheless, such acts do deserve to be analyzed and it must be stressed that the Green Paper is the platform of the European Commission on which a comprehensive legislation on the level of the entire European Union in this field is planned to be built. Also, it should be mentioned that the association of the European Lottery has passed the resolution on its regulatory principles that guarantees the secure future for the lotteries in the European Union, within which the issues of online gambling operation are also regulated.

  • Issue Year: 2014
  • Issue No: 1
  • Page Range: 243-264
  • Page Count: 22
  • Language: Serbian