作者: Eva Lein
DOI: 10.1007/S12027-007-0029-0
关键词: Fundamental rights 、 Jurisprudence 、 Sociology 、 Argumentation theory 、 European integration 、 Law 、 Primary authority 、 Legislation 、 Public international law 、 CLARITY
摘要: The ECJ has frequently been called upon to assess compatibility of national gambling legislation with EC law. most recent Placanica decision, followed by two judgments the EFTA Court concerning Norwegian legislation, was expected fix a new milestone. Did these rulings revolutionise one controversially discussed matters in context and EEA primary law, develop certain aspects former or rather confirm course pursued? What can their possible impact be? This paper seeks analyse criteria which established as justifiability proportionality restrictions fundamental freedoms services establishment. It explains jurisprudential background order set forth its shortcomings lacunae demonstrate difficulties faced authorities interpreting applying principles developed jurisprudence convincing way. Until little clarity achieved. wide scope for manoeuvre formerly accorded Member States later attempts at delimitation were not sufficiently precise lead clear identification law are compatible. As regards findings role usefulness shaping way forward, argumentation EFTA-Court is considered be more indicator test on level, than case. A short comparison ECJ’s other sensitive areas advances beyond complete analysis.