The European Commission and the regulation of gambling

Every time to the European Commission, the gambling and i Legal casino sites The answer, unfortunately, has always been the same for years: one does not want to intervene to "impose a European statute on the game" and we want to leave the different regulators absolutely free so that they express themselves as they consider more appropriate on the territories of competence, according to the related markets and needs. Therefore, even recently, the answer of the same commission was perfectly identical in the face of a couple of questions that were subjected to it where it was requested if it was aware of how much fragmentary was represented, among the various Member States, the regulation relating to protection of minors from gambling. In addition, it wondered if there was any initiative in anticipation to ensure that the minors themselves did not run the risk of being involved above all in online gambling: especially considering the young and young people are always on the net both for the Study that, moreover and for this, could also fall into the presentation of gambling, legal and also not.

A further question was submitted to the Commission in support of this application, that is, if it ever "intended to introduce measures to guarantee the protection of minors in the context of a coherent regulatory framework". However, as already anticipated, the response of the European Commission has always been the same for years, even if the times have changed, the regulators as well and also the same game of gambling has changed, as perhaps the players, especially as a consequence of the pandemic it has revolutionized the life of all the inhabitants of the planet, including young people. Unfortunately, there is still no harmonization at European level of the regulations that regulate The world of games And this has been missing for a long time: no one, perhaps, feels the real necessity, or the desire to put himself at the table to look for a common text that can put gambling at European level equal to all Member States. In fact, it is undoubtedly lacking a true will that is not urged by the European Commission at all that does not issue any address or submit any stimulus to the various regulators in this sense.

In practice, as if he wanted to "wash his hands", even if a strong phrase appears, but he practices "doing" in the many years of the employees of the Commission: in fact, the response issued by the latter seems somewhat obvious since it is Always identical whenever it is subjected to uniform the game regulations for the Member States in order to make the players find, which move very often in the different territories, in the face of basic rules, but the same for everyone. But on the other hand, if, speaking of our country, sometimes you cannot standardize regional laws on the Utholic territory, how can you think of finding European legislation? It seems, from this point of view, somewhat utopian even if absurd in a world that would like us to travel everywhere in complete freedom, but not with the same rules. And this even before the health emergency, since now it is undoubtedly all more complicated both practically and for regulations.

In any case, and to remove any error in interpreting what the European Commission expresses in relation to gambling, it is specified that the member countries have a large margin of application for the restrictions justified and proportionate to the provision of services, in Specific way for online ones, restrictions of public interest as for the protection of minors. It is obvious that the various legislations must be in line with the rules of the EU internal market and interpreted by the Court of Justice of the European Union: but it is equally obvious that the gambling rules and on sport bets, including those concerning the protection of minors, change from state to state. This is the last word of the commission on the problem of gambling between member countries, which among other things follows its position for years and which do not varied albeit, and even much, the times and the same sector, as already said.

Not happy with these statements and referring to the questions that are often subjected to launch a European statute for gambling, the European Commission adds and reiterates that there is a 2005 directive that "obliges" Member States not to perform unfair commercial practices , deceptive or aggressive, which obviously also applies to the world of gambling. It is also underlined that the Commission always in the game sector finances, in the context of the European strategy, Internet centers that provide free training and assistance, as well as consultancy on the responsible use of digital technologies, therefore including games. Further clarification: all EU Member States are part of a United Nations Convention on the rights of minors, but currently there are no new plans to propose initiatives on the protection of minors from gambling.

Evidently, the European Commission considers it useful, valid and still realistically applicable, its "old" recommendation on consumer protection in online gambling drawn up in 2014: in fact, the document contained targeted measures precisely to the protection of minors towards the game of gambling, even if its content should have been revisited in January 2017, which did not happen. But what we absolutely do not like "is this little desire to agree on a statute at European level, that the Commission apparently does not want to face, often referring to this 2014 recommendation, and therefore now quite dated, but which does not consider" exceeded ". If, then, it is considered that following this infamous recommendation, a study was carried out by the City University of London from which it emerges that only one of the Member States has fully implemented what "recommended", while only another 13 Member States require exclusively the presence Of a sign that reads: "No gambling for minors" during commercial advertisements for gambling, all appears truly "a little" to conform to the intentions of the European Commission.

Publication date: July 18, 2020 at 16:00

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