Gambling College
The Gambling College is a coordination body of the federal states in gambling regulation . It supports the federal states in fulfilling their tasks in the uniform state procedure in accordance with Section 9a (5 ) of the State Treaty on Gambling (GlüStV) and conducts its business in accordance with the provisions of the State Treaty on Gambling and the administrative agreement on cooperation between the federal states in the area of gaming supervision and issues rules of procedure.
composition
According to Section 9a, Paragraph 6 of the GlüStV, the gaming college consists of 16 members (one representative per federal state), who are appointed by the highest gaming supervisory authority in each state. The chairman and his deputy are elected from among their number for a two-year term. At the constituent meeting of the gambling college on July 11, 2012, Thomas Gößl ( Bavarian State Ministry of the Interior, for Building and Transport ) was elected chairman and Barbara Cremer ( Baden-Württemberg Ministry of the Interior ) was elected deputy.
tasks
The Gambling College assesses applications for the organization of a lottery (Section 9a (1) GlüStV) and for the granting of a license for commercial gaming brokerage (Section 19 (2) GlüStV). The Gambling College also decides on the applications in the ongoing licensing procedure for sports betting (Section 9a Paragraph 2 (3) GlüStV).
The guideline for permitted gambling advertising (advertising guideline) published in 2012 was drawn up by the Gambling College; it also decides on applications from gambling providers for an advertising permit for lotteries and sports betting on the internet and television (Section 9a, Paragraph 2 (1) GlüStV).
The decisions in the gaming college are passed with a two-thirds majority (11 national votes). According to Section 9a (8) GlüStV, they are binding for the federal states entrusted with certain tasks in the uniform state procedure.
In fulfilling its tasks, the college is supported by the joint gaming office set up at the Hessian Ministry of the Interior and for Sports .
Criticism and litigation
On the decision of the Wiesbaden Administrative Court , the granting of licenses was stopped by the Gambling College. In an urgent decision in September 2014, the court assessed the procedure for awarding sports betting as opaque and a violation of the EU freedom to provide services . In a judgment of May 5, 2015, the administrative court upheld the decision. The State of Hesse appealed against the decision to the Hessian Administrative Court .
In October 2015, the Hessian Administrative Court dismissed the complaint and ruled that the transfer of the binding decision on the award of licenses for sports betting to the Gambling College contravened the Basic Law :
The sovereign action of the gambling college can neither be attributed to the federal government nor to one of the states , but at most to the entirety of the states or possibly a majority of the states. This violates the federal principle , according to which there should not be a third level of state authority apart from the federal and state levels. In addition, the exercise of sovereignty by the gambling college violates the principle of democracy . The gambling college, which as a whole is not subject to federal or state supervision, lacks sufficient democratic legitimation. His sovereign action can neither be traced back to the people of the Federal Republic of Germany nor to the people of one of the countries.
The Higher Administrative Court criticized the award procedure as not being transparent.
As a result of the decision of the Administrative Court, the award of the 20 sports betting licenses that had been transferred to the Gambling College was stopped. You are not yet taken.
A few days before the decision of the Hesse Administrative Court issued a civil suit decision of the Bavarian Constitutional Court , who looked at the advertising policy of the gambling college with similar considerations as ineffective.
Hessian state government
In October 2015, the Hessian state government proposed the establishment of an institution under public law instead of the gambling college. As a justification for the proposal, the government cited an ineffective procedure in the gaming college and the compulsion that "a centrally competent federal state such as Hesse would have to implement decisions of the gaming college in the sports betting licensing procedure or horse betting and defend them accordingly in court, which it itself considers to be legally questionable. "
Individual evidence
- ↑ Rules of Procedure and Rules of Procedure of the Gambling College dated February 19, 2014 as a PDF file , accessed on June 25, 2015
- ↑ § 2 Paragraph 2 Rules of Procedure and Rules of Procedure of the Gambling College of February 19, 2014 (composition, management), accessed on June 25, 2015
- ↑ Hessian Ministry of the Interior and for Sport, information on the Gambling College , accessed on June 26, 2015
- ↑ Tasks of the Gambling Board from § 1 Rules of Procedure and Rules of the Gambling Board of February 19, 2014 , accessed on June 26, 2015
- ↑ § 1 Paragraph 2 Rules of Procedure and Rules of Procedure of the Gambling College of February 19, 2014 (tasks and status of the Gambling College) in conjunction with Section 9a Paragraph 2 (3) GlüStV
- ↑ Advertising guidelines in accordance with Section 5, Paragraph 4, Clause 1 of the GlüStV (as of December 7, 2012) ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. as a PDF file, accessed on June 26, 2015
- ↑ Section 9a, Paragraph 8 of the GlüStV ( State Treaty on Gaming) , accessed in the Bavarian Law and Ordinance Gazette No. 12/2012, on June 26, 2015
- ↑ a b Wiesbaden Administrative Court stops the announced granting of 20 sports betting licenses to the selected applicants. In: vg-wiesbaden-justiz.hessen.de. Retrieved June 13, 2016 .
- ^ Thorsten Winter: Sports betting: "Licensing intransparent" . In: Frankfurter Allgemeine Zeitung . September 19, 2014, ISSN 0174-4909 ( faz.net [accessed June 13, 2016]).
- ↑ Hessian Administrative Court rejects complaint by the State of Hesse. In: vgh-kassel-justiz.hessen.de. Retrieved July 2, 2016 .
- ↑ FOCUS Online: Court: Further no award of sports betting concessions. Retrieved July 2, 2016 .
- ^ Wiesbadener Kurier: own goal in sports betting. Retrieved July 2, 2016 .
- ↑ Archived copy ( Memento of the original dated November 3, 2016 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ↑ "Hesse makes specific proposals for a modern regulation of gambling" | Hessian Ministry of the Interior and for Sport. In: Innen.hessen.de. Retrieved July 2, 2016 .
