EU BYTES
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Glenn Cezanne The Big News Is Out O 30 JANUARY 2018
n 7 December the European Commission announced that the scrutiny of gambling regulation is no longer its ambition. Indeed,
the relevant press release starts with the following words: “From the start, the Juncker Commission has been focusing on its political priorities and pursuing them vigorously. This political approach is also reflected in the Commission’s handling of infringement cases.” Does that mean that it is a political decision on behalf of the Commission you ask? That I cannot answer, even though the thought crosses several
Former Executive Director of the European Casino Association and current Managing Director of Time & Place Consulting, Glenn Cezanne provides the latest info on what’s trending and what’s coming down the pipeline in Brussels and around the EU.
irst of all, I wish you all a successful, healthy and fulfilling 2018. And I hope you have some very interesting resolutions. I have given up on those considering that I have to always take on new ones just
because of the lush and excessive dining in the last weeks of every year. Luckily though I am able to walk and not roll from office to office to exchange pleasant experiences, small talk and the newest in the world of gambling. So, what is new in the EU? The much anticipated and now-confirmed closure of the infringement cases is prompting some gambling organisations to re-consider their representational raison d’être in Brussels. I am sure the colleagues and policy-makers from across the board here in Brussels will appreciate if I remind you that there is much more on the legislative and jurisprudential platter still to care about. Even more so, that there is now an opportunity to focus energy and resources on other issues that may have previously taken the back seat. But, before we visit these (in the next Casino
International edition), let’s have a deeper look at the closure of infringement cases and what it means for the future of European level scrutiny of national legislation.
minds here in Brussels. Instead, the question I can answer is what reasoning the European Commission gives. Actually, they are very clear about it. On the basis of “weighing public and private interests involved”, the Commission mirrors what the European Court of Justice of the EU (CJEU) in its numerous rulings evaluating national regulation has said:
“The Court of Justice of the European Union
has repeatedly recognised Member States’ rights to restrict gambling services where necessary to protect public interest objectives such as the protection of minors, the fight against gambling addiction and the combat of irregularities and fraud. The Commission acknowledges the broader political legitimacy of the public interest objectives that Member States are pursuing when regulating gambling services.” What does this mean? In terms of scrutiny of gambling regulation in Europe, the underlining thought is that Member States are responsible for guaranteeing that gambling regulation is effectively regulated, with the above quoted objectives in mind.
Remaining Questions
Does this mean that the Commission will no longer be responsible for monitoring Member State behaviour? What if there is a grave infringement in national gambling regulation? Technically, an infringement case can be initiated at any time. Closing all the cases does not mean that they will never be re-opened. With the current Commission under President Juncker this is obviously more than unlikely. First the infringement cases were stalled for years, and now closed. In 2019 the five-year term of the Commission will be over. If Juncker becomes Commission President again, then that will probably lead to another five years of détente. This might not be the case if another Commission with another ambition takes office.
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