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Has the Ecj’s Jurisprudence in the Field of Gambling Become More Restrictive When Applying the Proportionality Principle?

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Chapter Summary

This chapter questions whether the evolution of the ECJ’s consideration of proportionality has left Member States with a reduced margin of discretion in maintaining and enacting restrictions on the cross-border supply of gambling services. It first provides a definition of gambling since this is an activity which can take many forms and be subject to differing policy objectives and forms of regulation. The chapter then considers the context in which the debate occurs to highlight the factors which have brought this issue to the attention of the ECJ. Thirdly, since the ECJ has chosen to deal with questions surrounding the provision of gambling as an issue falling under the freedom to provide services, a brief overview of the case-law surrounding this freedom is given.

Keywords: contemporary policy debate context; ECJs Jurisprudence; European union general policies; gambling; member states legislation; proportionality principle



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