Results of Part I
Part I presented the legal framework within which gambling services take place in Europe. Chapter 2 drew attention to the fact that ‘European gambling law’ consists of an interplay of national gambling regulations and EU law. In heated discussions on gambling, these two legal orders are all too often presented as two antagonistic entities. To the present day, the EU legislator has not used its (shared) competence to pass legislation in the area of gambling services (Internal Market, consumer protection). Member States are still competent to regulate gambling within their territories. However, due to the supremacy of EU law, national gambling regulations must be in line with EU law and in particular respect the general law on the fundamental freedoms. While the EU has not specifically regulated gambling, the generally applicable EU law nevertheless impacts the application of national gambling laws. National restrictions to the freedom to provice gambling services must serve a public interest objective and be proportionate to the objective.