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Provides a novel view on gambling at the intersection of law and science
Offers the first comprehensive presentation and analysis of European Gambling Law
Introduces the reader to gambling addiction and addiction more generally
Verifies whether key elements in gambling law are supported by empirical evidence on addiction
Questions whether gambling addiction is a case for the public morality argument
This book analyses the voluminous and meandering case law on gambling of the Court of Justice from an empirical perspective. It offers a comprehensive overview of the legal situation of gambling services in the EU Single Market. Additionally, the book presents the current state of research on gambling addiction. It then seeks to answer the central research question as to what extent the views of the Court of Justice on gambling find support in empirical evidence.
The Court of Justice granted exceptionally wide discretion to the Member States due to a so-called ‘peculiar nature’ of games of chance. With the margin of appreciation having played a key role, the book inquires whether the Court of Justice followed the principles and criteria that normally steer the use of this doctrine. Noting the Court’s special approach, the book elaborates on its causes and consequences. Throughout the book, the approach of the Court of Justice is contrasted with that of its sister court, the EFTA Court. Finally, the potential role of the precautionary principle and of EU fundamental rights in the area of gambling law is examined.
Situated at the intersection of law and science, this book seeks to bridge the legal and scientific perspectives and the unique vocabularies common to each. It illustrates the direct relevance of science and empirical research for court cases and policy making. And it contrasts science-informed policy making with the on-going morality discourse on gambling.
Content Level »Research
Keywords »Application of (the Charter of Fundamental Rights of the EU) - Application to the Gambling Cases - Consumer Protection and Public Order - Empirical Evidence on Gambling Addiction - European Gambling Law - Gambling Addiction - Gambling in Europe - General Law on the Fundamental Freedoms - Interplay of EU Law and National Gambling Regulation - Judicial Views on Gambling Addiction - Margin of Appreciation in the Gambling Case Law - Precautionary Principle in European Gambling Law - Proportionality Review in the Gambling Case Law - Relationship of the State towards Gambling - Role of Empirical Evidence in Current Gambling Case Law