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Texarkana Gazette | Texarkana Breaking News European rules roil online gambling

Steven De Schrijver from Astrea Advocaten discusses the changes to the Belgian gambling law, its constitutionality and effect on online licensing.

On 1 January the amended Belgian gambling legislation has entered into force. One european rules roil online gambling the major modifications is that this legislation contains an explicit regulation for online games european rules roil online gambling chance and wagers.

In addition, an european rules roil online gambling licence requires a mandatory physical connection to the Belgian territory: The Belgian gambling legislation thus introduces a parallelism between the offline and the online licences. The amended Belgian gambling legislation contains a very broad prohibition clause.

Moreover, all these acts are punishable with criminal sanctions. For the online gambling nj borgata of this article we will not examine in detail the consequences of the amended Belgian gambling legislation, but will limit ourselves to pointing out two recent developments: On 1 Septemberthe regulatory framework applicable to online games of chance has been completed by the entry into force of two Royal decrees.

The first Royal decree lays down the form of http://canadianhealthcaremall.info/casino-decorations-canada.php supplementary see more and how application for an additional licence must be submitted and verified, while the second Royal decree enumerates the quality requirements to be met by the applicant for an additional licence.

The first Royal decree imposes the applicant to enclose with its application a plan containing the name of the website, the structure of the website, the place where the website will be administered, the points of contact and the responsible party for the administration of the website. Applications will be treated within a period of six months starting from the application. In addition, the Royal decree states that the applicant is responsible for a permanent data connection between the website and the Gaming Commission ie, the administrative authority responsible for issuing licences and controlling the application of the gambling legislation.

However, the regulatory framework applicable to online games of chance is not yet complete. The framework legislation imposes several other conditions that should be detailed in European rules roil online gambling decrees. Http://canadianhealthcaremall.info/real-casino-games.php include the conditions applicable to offering games of chance including the registration and the identification of players, age control, the games of chance offered, the payment methods, etc.

As long as those conditions are not fully detailed in Royal decrees, the regulatory framework applicable to online games of chance remains incomplete. This further increases the legal best online casino poker in a domain that already yields much contestation.

In Telebet, Betfair International and the Remote Gambling Association initiated a case before the Belgian Constitutional Court in order to contest the constitutionality of several provisions of the online gambling legislation. One of the arguments invoked was that the online gambling legislation violated the freedom to provide services, as protected by Article 56 of the Treaty on the Functioning of the European Union TFEU.

In its judgment of 14 Julythe Belgian Constitutional Court has dismissed the arguments set forth by the requesting parties and held that the online gambling legislation does not violate the freedom to provide services. First of all, the Constitutional Court confirms that two conditions of the Belgian online gambling legislation restrict the freedom to provide services. Second, the Constitutional Court held that those restrictions on the freedom to provide services, as set out in the previous paragraph, are justified in light of the case law of the Court of Justice of the European Union.

Regarding the parallelism between offline and online licences, the court observed that it is not forbidden for a foreign undertaking to hold an offline licence A, B or Source through an intermediary established in Belgium.

We believe this quote merits closer scrutiny, because the acceptance by the Constitutional Court of the non-discriminatory nature of the requirement to hold an offline licence in order european rules roil online gambling obtain an online licence has an important consequence: The latter include objectives of consumer protection, the prevention of both fraud and incitement to squander money european rules roil online gambling gambling, and the general need to preserve social order.

Austrian legislation requires that holders of concessions to operate gaming establishments have their seat in Austria. The question before the Court of Justice was whether such a requirement was prohibited by the freedom of establishment, as protected by Article 43 EC now: The question is then whether the Constitutional Court could consider that the parallelism between offline and online licences is a non-discriminatory restriction. We do not think so. Again, recent case law of the Court of Justice suggests that such a requirement is online roulette um geld in nature.

On this basis we believe that the Constitutional Court should have judged that the parallelism between the offline and the online licences is a discriminatory restriction of the freedom to provide services that can only be justified by reasons related to public policy, public security or public health, and not by any reasons of overriding general interest.

The Constitutional Court has not followed this path. In the light of the recent and clear case law, the Constitutional Court should at least european rules roil online gambling indicated the reasons to set aside that case law.

Third, the Constitutional Court referred to the parliamentary proceedings according to which the presence of servers european rules roil online gambling the Belgian territory is necessary to here an immediate control by the Gaming Commission and the police. Moreover, still according european rules roil online gambling the parliamentary proceedings quoted by the Constitutional Court, a control at a distance through the operating system could not guarantee that findings are true and complete.

Without any examination, the Constitutional Court has accepted this reasoning as a given and concludes that the condition that the servers must be established on Belgian territory is an appropriate and necessary measure in the light of the objectives pursued by the Belgian legislature. In our european rules roil online gambling the Constitutional Court should have been more critical. European rules roil online gambling Engelmann, Austria argued in a similar way that a seat requirement pursued the objective to effective control of gaming operators with a view to preventing those activities from being carried out for criminal or fraudulent purposes.

The Court of Justice has gone so far to explicitly enumerate some of those measures: With the Belgian legislation applicable to online games of chance and wagers, the Belgian legislature has opted to regulate online games of chance and wagers, instead of forbidding online games of chance and wagers. With this short contribution we wanted to demonstrate that the regulatory framework shows at least two major deficiencies: Nominees have been selected based upon comprehensive, independent survey work with both general counsel and private practice lawyers worldwide.

Only specialists who have met independent international research criteria http://canadianhealthcaremall.info/depositphotos-coupon-code.php listed.

Law Business Research Ltd. Please read our Terms of Use. It is not possible to buy entry into any Who's Who Legal publication Nominees have been selected continue reading upon comprehensive, independent survey work with both general counsel and private practice lawyers worldwide.


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