A single market for online gambling : current legal issues

Abstract

This thesis focuses on the operation of cross-border online gambling through diverse remote distribution channels within the single market from a legal perspective. Due to the nature of this industry, remote gambling is an example of a sector which gives rise to several social, economical, legal and political implications. An in depth analysis of the developments of this sector is carried out in the light of the acquis, jurisprudence and European command papers. An important focal issue in this field is the application of Article 49 TFEU safeguarding the freedom of establishment and of Article 59 TFEU ensuring the free movement of services within the single market. A summary the important jurisprudence that significantly contributed to the structure of gambling markets across the EU is carried out, tracing the evolutionary trajectory of European case law on gambling and sports betting. As shall be illustrated these two fundamental freedoms, targeted at enlarging the market and at making a more efficient use of the resources available within the EU, are to date not absolute within this sector. Another aspect that shall be addressed, is the lack of harmonisation or mutual recognition in this sector, paving the way for an array of conflicts in defiance of fundamental legal principles including State sovereignty, jurisdiction and public policy. Although all elements seem to be in place for a sector-specific director, it is still lacking on a European-pan. A discussion trying to unveil what is hindering a uniform set of regulations contributing to a fragmented market shall be carried out. The comparative study of the diverse legal and taxation frameworks, shall aid the reader understand better the implications of the piecemeal approach currently subsisting within this industry. Finally, after taking into account all the current legal issues stemming from this sector, this thesis will try to forecast the future of online gambling with the possible scenario of a harmonised sector. This thesis is limited to the developments arising until the 30th April 2014.