Session Title
Session 1-3-D: Policy and Regulation, Part 2
Presentation Type
Paper Presentation
Location
Park MGM, Las Vegas, NV
Start Date
23-5-2023 1:45 PM
End Date
23-5-2023 3:15 PM
Disciplines
Civil Law | Consumer Protection Law | Contracts | European Law | Gaming Law
Abstract
Abstract
Although the European Union legislator is generally very keen to rely primarily and sometimes even exclusively on economic considerations, and therefore to generally protect consumers’ interests, this attitude is largely different when gambling issues are a stake.
In fact, even if it is generally undisputed, also by the same European Union legislator, that authorized gambling contracts are to be considered as consumers’ contracts, when facing the regulation of gambling contracts, the European Union often restrains from using all of its legislative powers.
As a consequence, the European legislation on consumer’s contracts generally explicitly exclude from its application gambling contracts, and the same European institutions do not impose the principle on free circulation of services to cases of national restrictions of gambling services, with the same diligence observed in other fields.
The explanations generally offered for this self-restraint of the European Union, based on the respect of the traditional national cultural and moral values or public health defence of the Member States, hide the unwillingness of the same European Union to confront the Member States economic interests and their traditional freedom to regulate gambling contracts.
Implication statement
The reluctance of the European Union to regulate online gambling contracts and to impose on all the Member States the principle of free circulation of services in the field of online gambling could often have negative effects for consumers.
Keywords
European Union, gambling contracts, consumer protection, consumers contracts
Funding Sources
University of Torino research founding
Competing Interests
None
Included in
Civil Law Commons, Consumer Protection Law Commons, Contracts Commons, European Law Commons, Gaming Law Commons
The reluctant lawmaker. The European Union and the regulation of gambling between the principle of free circulation of services and Member States prerogatives
Park MGM, Las Vegas, NV
Abstract
Although the European Union legislator is generally very keen to rely primarily and sometimes even exclusively on economic considerations, and therefore to generally protect consumers’ interests, this attitude is largely different when gambling issues are a stake.
In fact, even if it is generally undisputed, also by the same European Union legislator, that authorized gambling contracts are to be considered as consumers’ contracts, when facing the regulation of gambling contracts, the European Union often restrains from using all of its legislative powers.
As a consequence, the European legislation on consumer’s contracts generally explicitly exclude from its application gambling contracts, and the same European institutions do not impose the principle on free circulation of services to cases of national restrictions of gambling services, with the same diligence observed in other fields.
The explanations generally offered for this self-restraint of the European Union, based on the respect of the traditional national cultural and moral values or public health defence of the Member States, hide the unwillingness of the same European Union to confront the Member States economic interests and their traditional freedom to regulate gambling contracts.
Implication statement
The reluctance of the European Union to regulate online gambling contracts and to impose on all the Member States the principle of free circulation of services in the field of online gambling could often have negative effects for consumers.