The Federal Republic of Germany must rethink its gambling regulations. The Bavarian Constitutional Court rejected the legitimation of the Glücksspielkollegium as unconstitutional.

At the end of September, the Bavarian Constitutional Court shattered a supporting pillar of the 2012 State Treaty on Gaming by declaring that the legitimation of the Glücksspielkollegium was unconstitutional. The Federal State of Hesse is also dissatisfied with the current legal situation and is now proposing a modern gambling regulation. Altogether five guidelines were decided there, since one is in Hessen the opinion that the legislative goals are not fulfilled regarding the gambling state treaty still not yet.

EU commission expresses reprimand

The hessian Minister of the Interior Peter Beuth is neither content with the gambling college nor with the equating of gambling regarding the endangerment potential and expressed itself in this connection already several times publicly and pleaded for a new attempt. “We should switch from a quantitative to a qualitative licensing”, Beuth told the Deutsche Presse-Agentur. Norman Faber, President of the German Lottery Association, welcomes the proposal from Hesse. “We hope that this concentrated criticism of the State Treaty on Gaming will finally lead to a change of direction. The guidelines from Hessen are a step into the correct direction ?. also the European Union commission criticized the German gambling convention already and suggests a pilot procedure to the Federal Government. From here there was to the statement a period setting to at the end of of September this yearly, which was received now by the Lands of the Federal Republic some days ago in Brussels. If the European Union commission should not agree with the suggestions of the Lands of the Federal Republic, a violation of contract procedure could threaten, which would have consequences also for the national Lotteriemonopol.

The German Lottery Association is also in favour of a new regulation of the lottery in the Federal Republic of Germany. Faber said: “Only framework conditions that allow a fair cooperation of state and private-sector providers can protect the lottery market in Germany in the long term”. Furthermore, Faber demands that there should now finally be legislation that goes hand in hand with European legislation and can meet the needs of an innovative and digital society.

Loss of lottery revenue

In the course of the Gaming Contract, lotteries were enormously restricted in terms of advertising and distribution. These restrictions were justified with the danger of the gambling addiction, whereby there are such dangers with the Lotto however provably not. For this reason the German lotteries had to accept a total of 20 percent loss of revenue. Since the lottery income also supports popular sports and other social projects, the payments in these areas also had to be reduced. At the same time, however, sales in the really dangerous forms of gambling, in particular online gambling, have multiplied. Faber is of the opinion that the risk potential of gambling must be treated separately if gambling addiction is to be effectively combated.