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The Proper Functioning of the Internal Market: Observations from Brussels

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Chapter Summary

This chapter presents the two main approaches that the European Commission may use to resolve regulatory barriers for cross-border gambling services and to ensure the proper functioning and development of the Internal Market for such services. It describes possible advantages and disadvantages of the respective approaches but does not seek to favour one or the other. The Advocate General stresses that there has been no shortage of opportunities to achieve such harmonisation and refers to when the Commission, on the basis of the 1991 study suggested that the regulation of gambling should be subject to the common market regime; but it did not proceed owing to the reluctance of some Member States. To date the Commission has initiated investigations against 10 Member States in relation to national measures that restrict the freedom to provide services.

Keywords: Advocate General; European Commission; gambling services; Internal Market; Member States

10.1163/ej.9789004172180.i-254.17
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