文章基本信息

标题：Online Gambling under EU Law: Strolling Between Controlled Expansion and Genuine Diminution of Gambling Opportunities
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作者：Janja Hojnik
期刊名称：LeXonomica : Journal of Law and Economics
印刷版ISSN：1855-7147
电子版ISSN：1855-7155
出版年度：2018
卷号：10
期号：2
页码：67-102
语种：English
出版社：University of Maribor
摘要：This article outlines some of the ambiguities arising from the endeavours of the EU Court to offer the national courts sufficiently clear interpretation of EU rules on free movement of services in respect of various national restrictions of online gambling that would enable them to make rulings in increasingly high numbers of cases in which foreign providers are restricted from accessing markets of EU Member States. It is submitted that this casuistic approach by the Court should not be considered as satisfying and that harmonising instruments should be adopted by the EU legislators, instead. Yet however, this is less realistic than ever before, as the Commission in situation of a total lack of the Member States« consensus stepped away from its efforts to pave the way to at least minimum standards of gambling offerings and provision of customers« protection, leaving it further to the EU and national courts to balance between controlled expansion and genuine diminution of gambling opportunities so as to weigh between free movement of services and opposing legitimate aims of the Member States. .
关键词：digital market;online betting;free movement of services;public interest;justifying restrictions on foreign provision of gambling