An interesting presentation from Emeline THOMAS :
National approaches, the international community and gambling online help to highlight the difficulties presented by the Member States to abide by the requirements of the European Community and the World Trade Organization.
The interest in this subject is to demonstrate the complexity of the legal sector gambling online. Because of the international nature of this type of activity, several national regulations are applicable. Currently each member state has its own design of the regulation of gambling. However, the first mission assigned to the Community is the realization of a common market. This objective is stated in Article 2 of the EC Treaty: “The Community’s mission by establishing a common market and an economic and monetary union by implementing policies or actions ( …) to promote throughout the Commonwealth a harmonious, balanced and sustainable economic activities. . ” To achieve this objective, Article 3 of the EC Treaty requires four components, namely the various freedoms of movement: “Community action (…) has an internal market characterized by the abolition, as between member States, of obstacles to the free movement of goods, persons, services and capital. . ” Member States must comply with the objectives of the EC Treaty in order to implement the common market.
The heterogeneity of national legislation would severely hamper the development of the common market and prevents private providers to operate freely. Each country defends its own design on the regulation of gambling. Thus, one element of alienage intervenes, disputes can quickly find hopeless. The Community is trying to liberalize the market, but in the absence of a directive effective, this liberalization seems compromised. Pending the application of a standard for effective breaches of market liberalization are sanctioned on the basis of primary law. The principle of free movement of services and freedom of establishment are the foundations of the Treaty interpreted by the Court. However, due to the transnational character of games made from the Internet, we must also take into account the non-member countries. These may be based on the free movement of capital. Finally, on a global scale, the attacks on the movement of services are sanctioned on the basis of the law of the World Trade Organization. It will therefore be studied as a first step liberalization of markets framed Community of gambling online. Then the sanctions relating to obstacles to the liberalization of markets will be studied under Community law and the Law of the World Trade Organization.
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