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Gambling Restrictions upon Arts. 43 and 49 EC Treaty in PORTUGAL

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Justification

  • National measure
    • Compatibility with EC law, in particular with the principle of proportionality

Public order, money laundering, crime

  • Attribution of monopoly on lotteries to the SCML
    • “The restrictions on gaming are not a matter of economic efficiency but a social policy issue with most evident implications on cultural, moral, criminal and health fields. Game addiction is similar to alcohol and drugs and it has completely destructive effects on families and individuals; money-laundering, particularly from drugs and mafia prostitution; women and children sexual slavish; and terrorism are also very attracted by all activities related to gaming and gambling including betting. The offer of money games needs to be made by an enough minimum in order to hinder the spreading of illegal gaming. Only the respective States that are closest to their citizens have the capacity to regulate that offer”99

Social order, moral and cultural standards, public interest

  • Attribution of monopoly on lotteries to the SCML – Creation of Gaming Zones (Tribunal constitucional 1a. Secção do Accordão N° 99/02 Proc. N° 482/01 Rel.: Cons° Luís Nunes de Almeida 27.2.2002)
  • Limitation of persons and entities entitled to run Bingos (Acórdão do Supremo Tribunal Administrativo N° 047563, 06.02.2003 Bingo Attribution of concessions)
  • Establishment of a regime of concessions for running gaming business (Acórdão do Supremo Tribunal Administrativo N° 047563, 06.02.2003 Bingo Attribution of concessions)

Fiscal policy objectives and economic and tourist development.

  • Criminalization of illegal gaming implemented outside the allowed gaming zones (Tribunal constitucional 1a. Secção do Accordão N° 99/02 Proc. N° 482/01 Rel.: Cons° Luís Nunes de Almeida 27.2.2002)
  • Establishment of a regime of concessions for gaming (Tribunal constitucional 1a. Secção do Accordão N° 99/02 Proc. N° 482/01 Rel.: Cons° Luís Nunes de Almeida 27.2.2002)
    • Extension of concessions to run gaming houses instead of opening a new tender (Acórdão do Supremo Tribunal Administrativo Processo: 0269/02 Data do Acordão: 09/04/2003)
    • Preference in access to gaming concessions is given to candidates undertaking to devote funds to the public interest and development of Portuguese regions (Acórdão do Supremo Tribunal Administrativo Processo: 028495 Data do Acordão: 22.02.96)
      According to the Portuguese Supreme Court of Administrative procedure there’s no violation of the principle of proportionality when the Administration applies means that are admissible, appropriate, pertinent and legal for pursuing an equilibrated management of the public resources and incomes.

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