Remote gaming : Maltese legislation in light of recent European and international developments

Abstract

The thesis focuses on certain key legal issues that relate to the global industry of remote gaming. From this perspective, it traces the sources and legal development of the remote gaming industry in Malta and discusses the 2004 Maltese Remote Gaming Regulations in view of proposed draft amendments. Considering that Malta is a full member of the European Union competing in the European Internal Market, the thesis analyses key EU Law principles that relate to remote gaming and the historical development of the application or otherwise of such principles. It evaluates the leading judicial decisions of the European Court of Justice (ECJ) in light of remote gaming being considered as a service of economic nature for internal market purposes. A general overview of national court decisions portrays the various conflicting national policies of Member States and the ambiguous interpretation of the ECJ rulings by national courts. These include certain prominent cases that are ongoing and that directly concern Malta. Moreover, recent European Commission initiatives including the 2006 Services Directive and the publication of a Report by the Swiss Institute of Comparative Law for the European Commission in April 2006 are also reviewed. A much wider dimension of remote gaming is examined by introducing a concise overview of certain influential international jurisdictions with particular reference to a World Trade Organisation (WTO) dispute on remote gaming. The thesis then discusses the implications of this global industry in light of public policy issues, jurisdiction and enforcement. It claims that rigorous regulation of the industry is the ideal approach to remote gaming, which must be considered within the ambit of state sovereignty and the controversial concept of cyberspace. Finally, the thesis concludes that a global concerted effort to harmonise legal principles and regulations on remote gaming is needed in order to guarantee objective legislative practices and enforcement mechanisms.