1. Monopolul de stat în industria jocurilor de noroc și tratamentul egal între operatorii privați și cei deținuți de stat.
- Author
-
SOARE, Vlad-Cristian
- Subjects
GAMBLING ,MONOPOLIES ,EXCEPTIONS (Law) ,GAMBLING industry ,EUROPEAN Union law - Abstract
This study aims to an analysis of the gambling system in Romania, with an emphasis on the thesis stated in its title, namely the state monopoly in the gambling industry by referring to the equal treatment between private operators and those owned by the state. The principle of equality complemented by that of non-discrimination runs like a red thread thrO.U.G.h contemporary constitutional systems and international documents in the field of human rights and fundamental freedoms. Also, in this area it must be respected, and it must be reflected in the legislation applicable to gambling. However, state monopoly allows states to justify certain exceptions to EU law. As we have shown in the conclusions part, in Romania it is an exclusive exploitation monopoly for lottery games, established in favor of the Romanian National Lottery, but for the rest of the gambling games, any operator, private or state, can exploit them, provided if they obtain license and authorization. Indirectly and in the absence of an express normative framework, we could not state that the Romanian Lottery implicitly holds a monopoly for the exploitation of VLT-type slot machines-video lottery games-, even thO.U.G.h it is the only one that exploits them. Moreover, the VLTs are not subject to the exclusive exploitation monopoly provided to the Romanian Lottery. The analysis of the legislation leads to the conclusion that there is a concern to achieve a fair balance between the public interest and that of the operators authorized to perform this activity. [ABSTRACT FROM AUTHOR]
- Published
- 2024