A Conformity Assessment of the Hungarian Gambling Regulation with the EU Law

Abstract

The purpose of this study is to analyse whether the Hungarian regulation on gambling is in conformity with the EU law. The research was based on the cases that have been decided by the European Court of Justice in preliminary ruling procedures. We will deal exclusively with questions of law, though we note that there are some social and economic consequences of the topic linked with gambling addiction, crime, catering services and taxation. In the study, we will use the method of description, complemented by analysis and comparison in connection with the scrutinised court cases. It will be argued that gambling and the joint double system of concessions applied by the Hungarian legislator are not in themselves unlawful, provided that these regulations effectively serve the achievement of the public interest objectives of the legislator. However, through the analysed cases, we conclude that the Hungarian regulation goes against the EU law in many respects, and these regulations breach the EU law under certain circumstances.