The union against the restrictive policies of the Member States

Last September, for the usual period of stand still - in implementation of the 98/34 / EC procedure - the "draft law amending the rules concerning the law on games of chance" was sent to the European Commission. regulatory framework necessary for the application of the amendment to the Gaming State Convention in the German Land of Schleswig-Holstein.

The main changes to the existing legislation concern the illegality of online casino games, the reduction in the number of concessions granted to sports betting operators, and the illicit nature of sports bets linked to an event. The law of implementation of the Land regulates and concretises in substance the procedure related to the granting of licenses, which continues however to be of regional jurisdiction. Also in the context of the 98/34 / EC procedure, it is stated that "(...) the change ..." of the aforementioned legislation and therefore the will of the German legislator ".. responds to the indications of the Court of Justice of the European Union and creation of an offer of games of chance in Germany which complies with the provisions of Union law and constitutional law. The legislator is therefore obliged to establish a coherent and systematic national legislation concerning the law relating to games of chance. "
The EU government would not seem to be of the same opinion, and in fact last week the European Commission within its functions, with a detailed opinion would seem to have rejected the proposed amendments to the law on public gaming for the Land of Schleswig-Holstein. The new regulations seem to be restrictive and contrary to the rules of the EU treaty. If the current draft law was approved in stand still until 7 January 2012, the Land of Schleswig-Holstein would adopt for the public game a prohibitive and restrictive regulatory system that prohibits online poker and casinos and imposes a non-competitive tax regime limiting the online betting offer to only 20 licenses.

This wave of restrictive policies that would like to adopt the Federal Republic of Germany seems to be lapping even in our country.

In Italy, perhaps because of the crisis, the lack of arguments to effect expendable by the politicians on duty and a witch hunt that now affects the entire sector, both online and terrestrial, the public regulated game is undergoing a harassment now daily.
The reasons behind this phenomenon are few, and if there are concrete elements of concern and attention, there is - in re ipsa, as our parents would say - we forget that the one related to the controlled legalized public game is an industry that allowing these inveterate criticisms, makes a sector dark, transparent and monitored by the State, as well as ensuring work for many people.
We also forget that our model of public gaming has been copied at European level, precisely because it represents a protection for all the components of the supply chain: the consumer, the State and the operators, holders of concessions for public gaming. The organized crime certainly will not give up: it has tried on several occasions to approach this sector and will continue to try, perhaps raising the level, but thanks to the control systems set by the regulations and also by the technical systems developed by the Regulator, the attempts may be - as they have been in many known cases - duly buffered and stopped.
What we believe is a sacrosanct attention that must keep the state through all the competent bodies, and why not even through the pressure of parliamentarians who take the matter to heart, but must not (bad habit Italiota) turn into a holy crusade. The effects - and here we are amazed at the superficiality of certain proposals and comments "anti" and nothing - even moral, would be so counterproductive that then we should throw everyone against those who provoked them in a second holy crusade ... It would therefore be a serious mistake not to bring in the end the regulation of the sector started in a decisive manner in 2006 with the first Bersani decree. And while the Director of AAMS, on the one hand, Customs and Monopolies, stated that we need to consolidate the existing, we keep constant pace with the market through those we have chosen as trustees for the exercise of this sensitive activity , ie the dealers, avoiding that they can be eaten by the illegal.

Then we pay attention to not provide standards of conduct to reality already (or rather, always ..) existing such as those of live poker. It would not be a thousand new gambling halls - and here we agree with the Director - but a good regulation could be a deterrent for those who continue to operate at the limit of legality, and also damage avoided to the Treasury that for these activities illegal does not have any income for tax purposes. The regulation of live poker is expected from 2009 with the law n. 88/09, the delayed race should be announced by next January. The decree law n. 16/12, converted into law n. 44/12 amended the law decree n. 98/11, converted with additions in the law n. 111/11, replacing the words: "by June 30, 2012" (the same term of the race for public games based on horse racing and sports) with the following words: "by January 2013".
Although as is probable (and in this form we would also say desirable) the term should not be respected, we would be of the opinion that a solution must be found (we would have also studied it ..). Also to avoid that the litigation is nourished and that some patented destabilizer triggers other procedures before the Court of Justice, which never constitute a good business card for Europe. Providing rules in a free market does not mean feeding the public game, but channeling the black and gray into lawful and controlled circuits.