Empirical Views on European Gambling Law and Addiction [electronic resource].

ISBN:

9783319023069

Title:

Author:

Planzer, Simon.

Personal Author:

Planzer, Simon.

Publication Information:

Dordrecht : Springer, 2014.

Physical Description:

1 online resource (346 p.)

Series:

Studies in European Economic Law and Regulation

General Note:

Description based upon print version of record.

Contents:

Foreword; Science, Public Policy and Law: Considering the Case of Gambling; Empirical Views on European Gambling Law and Addiction; Acknowledgments; State of Research; Contents; Abbreviations; List of Figures; List of Table; Chapter 1: Introduction; 1.1 Gambling: A Reality of Life; 1.2 Overview; Part I: Gambling in the EU: Legal Framework; Chapter 2: National Gambling Regulation: National, International and European Constraints; 2.1 Sectorial Quasi-Exemption or Liberalisation?; 2.2 Constraints Under National Law; 2.3 Constraints Under Public International Law

2.4 Interplay of EU Law and National Gambling RegulationChapter 3: The General Law on EU Fundamental Freedoms and the Conditions of Their Restrictions; 3.1 Fundamental Freedoms; 3.2 Justification Grounds; 3.2.1 Derogations in the Treaties; 3.2.2 Derogations in the Case Law; 3.2.3 Differences Between the Two Tracks; 3.3 Proportionality; 3.4 Margin of Appreciation; 3.4.1 Notion and Origin; 3.4.2 Relationship Between Margin of Appreciation and Principle of Subsidiarity; 3.4.3 Relationship Between Margin of Appreciation, Judicial Scrutiny and Principle of Proportionality; 3.4.4 Raison d'être

3.4.5 Commonalities and Differences Between the Court of Justice of the EU and the European Court of Human Rights3.5 Results; Chapter 4: Further Relevant Provisions for EU Gambling Law; 4.1 Primary Law; 4.1.1 Escape Gates; 4.1.2 Competition and State Aid; 4.1.3 Non-Discrimination; 4.1.4 Fundamental Rights; 4.2 Secondary Law; 4.2.1 Information Society Directive; 4.2.2 Distance Selling Directive; 4.2.3 Anti-Money Laundering Directive; 4.2.4 Data Protection Directive and Directive on Privacy and Electronic Communication; 4.2.5 Unfair Commercial Practices Directive; 4.2.6 VAT Directive

4.2.7 Audio Visual Media Services Directive and Television Without Frontiers Directive4.2.8 E-Commerce Directive; 4.2.9 Services Directive; 4.3 Results; Chapter 5: Results of Part I; Part II: Analysis of the EU Gambling Case Law; Chapter 6: Scope of Application in EU Gambling Law; Chapter 7: Justification Grounds in EU Gambling Law; 7.1 Consumer Protection and Public Order; 7.2 Ambivalent Relationship of the State Towards Gambling; 7.3 Gambling Addiction: A Case for Public Morality or Science?; 7.4 Results; Chapter 8: The Use of the Margin of Appreciation in EU Gambling Law

8.1 Reasons for Taking a Comparative Look at the European Court of Human Rights8.2 How to Steer the Margin of Appreciation: General Principles; 8.2.1 General Considerations; 8.2.2 The Role of the Motivation of the Decision; 8.2.3 The Importance of the Convention Right; 8.2.4 The Nature of the Justification Ground; 8.3 How to Steer the Margin of Appreciation: Criteria in Relation to Crime, Health and Public Morality; 8.3.1 Crime; 8.3.2 Health; 8.3.2.1 Notion; 8.3.2.2 Protection of Well-Being and Health in Childcare; General Considerations; Very Restrictive Measures Hardly Justifiable

Time Factor: Urgency

Subject Term:

Gambling -- Law and legislation -- European Union countries -- Criminal provisions.

Gambling - Law and legislation -- United States -- Criminal provisions.

Gambling -- Law and legislation.

Gambling.

Format:

Electronic Resources

Electronic Access:

Click here to view book

Publication Date:

2014

Publication Information:

Dordrecht : Springer, 2014.

Available:*

Shelf Number	Material Type	Copy	Shelf Location	Status
345.0272	1:E-BOOK	1	1:ON-DEMAND	Searching... Unknown

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Summary

This book analyses the voluminous and meandering case law on gambling of the Court of Justice from an empirical perspective. It offers a comprehensive overview of the legal situation of gambling services in the EU Single Market. Additionally, the book presents the current state of research on gambling addiction. It then seeks to answer the central research question as to what extent the views of the Court of Justice on gambling find support in empirical evidence.

The Court of Justice granted exceptionally wide discretion to the Member States due to a so-called 'peculiar nature' of games of chance. With the margin of appreciation having played a key role, the book inquires whether the Court of Justice followed the principles and criteria that normally steer the use of this doctrine. Noting the Court's special approach, the book elaborates on its causes and consequences. Throughout the book, the approach of the Court of Justice is contrasted with that of its sister court, the EFTA Court. Finally, the potential role of the precautionary principle and of EU fundamental rights in the area of gambling law is examined.

Situated at the intersection of law and science, this book seeks to bridge the legal and scientific perspectives and the unique vocabularies common to each. It illustrates the direct relevance of science and empirical research for court cases and policy making. And it contrasts science-informed policy making with the on-going morality discourse on gambling.