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ONLINE GAMBLING BALANCING FREE TRADE & SOCIAL POLICY What is Online Gamblin
Aurora University, US has reference to this Academic Journal, ONLINE GAMBLING BALANCING FREE TRADE & SOCIAL POLICY What is Online Gambling & Who is ?at it?? Gaming, Betting, Lotteries, Prize Competitions The concept of remote gambling Statistics EXAMPLES Example Betting Example Horse-racing Example Online poker Example Virtual horse-racing Example Virtual race horse breeding
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Risks associated alongside Online Gambling & Regulatory Objectives Problem gambling & addiction Harm in consideration of individual in addition to society Minors Crime associated alongside (some) gambling operations (fraud, money laundering) Consumer Protection Ensuring gambling is conducted fairly in addition to openly Different Regulatory Models Outright prohibition of online Gambling Workable? US Unlawful Internet Gambling Enforcement Act 2006 State operator monopoly Eg Svenska Spel or Norsk Tipping (games); Norsk Rikstoto (horse race betting) Single private operator Eg Pari Mutuel Urbain in France Restricted licensing system Open licensing system Eg UK Gambling Act 2005 National Regulation as Trade Restriction Divergent laws, no harmonisation, no country of origin rule Excluded from scope of Services Directive, E-commerce Directive etc The internet & cross-border access EU Treaty, Arts 43 in addition to 49 (freedom so that provide services & establishment) Direct effect => lever in consideration of harmonisation?? Role of the courts in the absence of harmonisation?
The Caselaw of the ECJ (1) Case C-275/92 Schindler Case C-124/97 Lr Case C-67/98 Zenatti Case C-234/01 Gambelli Case C-338/04 Placanica (6. March 2007) Case E-1/06 Re Amendment so that Game & Lottery Law (14. March 2007) Case E-3/06 Ladbrokes v Norway (30. May 2007) The Caselaw of the ECJ (2) Jurisprudence under Art 234 (Prelim Ref) Commission infringement procedure Art 226 Notification against Denmark, Germany, Finland, Italy, the Netherlands, Sweden in addition to Hungary (April 2006) Austria in addition to Luxembourg (December 2006) Commission expressing concerns on the German Inter-State Treaty in March 2007 Internet prohibition in consideration of sports bets in addition to lotteries What do the national courts do alongside this Guidance from the ECJ? The PMU v Zeturf case as an example Situation following Gambelli & Placanica: PMU v Zeturf : Court of Appeal, Paris: (1) ordering cessation of operations; (2) quantifying the penalty amount due by Zeturf Maltese courts refuse enforcement French Cour de Cassation: Reversed so that CA (13. July 2007)
Chem. 231 ? 3/4 Lecture Announcements I Announcements II SPE/HPLC Lab Information SPE/HPLC Lab Information ? Methodology SPE/HPLC Lab Information ? Methodology SPE/HPLC Lab Information ? Methodology SPME/GC Lab Information SPME/GC Lab Information – Methodology SPME/GC Lab Information – Methodology SPME/GC Lab Information – Methodology Practical Applications of HPLC Practical Applications of HPLC Practical Applications of HPLC Practical Applications of HPLC Practical Applications of HPLC Practical Applications of HPLC Practical Applications of HPLC Practical Applications of HPLC Practical Applications of HPLC
GATS-WTO DS 285 Antigua & Barbuda v United States Cross-border online gambling services Panel Report November 2004 Appellate Body Report April 2005 US not complied: February 2007 Conclusion Online gambling growth sector => pressure so that liberalise cross-border provision Potential in consideration of social & individual harm => risk assessment specific so that online gambling Enforcement issues pertaining so that national regulation (arrests; payment providers) Harmonisation unlikely Role of the ECJ/WTO in determining the limits of social policy Proportionality test But application by the national courts? Result: Litigation battle
Contreras-Rosado, Rosalina General Manager
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