The Evolution of the European Court of Justice’s Case Law on Gambling and Sports Betting: An Internal Market Perspective
D. P. Panagiotopoulos (ed.) ‘Sports Law: an Emerging Legal Order. Human Rights of Athletes’ (2009, Nomiki Vivliothiki) pp.415-429
Posted: 17 Sep 2012
Date Written: 2009
This paper will discuss the evolution of the ECJ’s case law on the field of sports betting and gambling. Member States remain competent to regulate gambling and sports betting and to structure their national policies on these areas. The gambling and sports betting market is part of the internal market and as a matter of fact is subjected to the rules guaranteeing the smooth operation of the internal market. The case law of the ECJ will be discussed extensively. Emphasis will be given on the latest case decided by the ECJ, Placanica. This latter case has significant implications on possible justifications which could be invoked by the Member States and on the application of the principle of proportionality. Apart from negative integration, the possibility of positive integration will also be analyzed.
Keywords: EU law, EU Commercial and Economic Law, Business Regulation, sports betting, gambling, gaming, internal market, Member States, ECJ’s case law
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