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."
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