Illegal online gambling booms in Germany

Whether Poker or Black Jack: The market for online money games in Germany is growing rapidly. And this despite the fact that it is not even allowed in Germany. According to an industry analysis, providers are increasingly advertising it. The countries cannot bring themselves to a regulation.

Berlin (dpa) – According to a recent study, illegal gambling in Germany and previously unlicensed online money games are on the advance far more than the regulated market.

The growth of the entire German gaming market by eight percent in 2015 is “primarily attributable to the expansion of the non-regulated market”, as a sector analysis by the Handelsblatt Research Institute shows. The market volume of non-approved offers is growing by around 30 percent annually.

The uncontrolled gambling market, which mainly consists of online offers, is much smaller with a share of 22 percent, but has shown stronger growth rates for years, according to the study for the private provider Löwen-Entertainment and the state-owned company West-Lotto. The online market is growing rapidly, and more new offers and games are to be expected.

The 14 billion euro gambling market in Germany is divided into a state-regulated, a non-regulated (“grey”) and a “black” market.

In Germany, the federal states are largely responsible for regulating lotteries, sports betting and casino games. Most games of chance are still subject to a state monopoly. The market has only been opened up for private sports betting providers. Online gambling is prohibited, as the state treaty does not provide for German online casino licenses. Only a few exceptions with a license from Schleswig-Holstein are permitted.

In mid-March, the state premiers decided to reform the State Treaty on Gaming. According to this, the allocation of sports betting licenses will be newly regulated from 2018. According to the State Treaty on Gaming agreed in 2012, the federal states should actually award 20 concessions to sports betting providers for seven years.

However, this was not successful, which is why the federal states have now decided on a reform. So far, all providers have been operating on a “grey market”. They are not subject to German regulation, but may offer their services.

On the regulated market, providers operate with a German licence. These include state lotteries, permitted sports betting sites by state providers, casinos, cash machines in gaming halls and restaurants or horse betting.

According to the study, the regulated market was by far the largest segment in 2015 with gross gaming revenues of 10.4 billion euros. The illegal black market includes gambling providers without a licence. It is estimated at a volume of 1.5 billion euros.

On the non-regulated market with a volume of 2.3 billion Euro, providers operate with a concession from another EU state. These include private providers of sports betting and online games. According to the study, around four fifths of the volume in the non-regulated sector is accounted for by online offers for poker, casinos, sports and horse betting or online secondary lotteries. Online casinos dominated, “although the permission – differently than for private sport bets – according to German right at no time was given or is intended , is called it.

“Non-regulated offerers increased their advertising expenditures in the past years compared with regulated offerers particularly clearly and make it more difficult for players over their public representation the differentiation between certified and not certified offers in Germany , are called it further. Overall, the advertising expenditures of gambling providers have almost doubled in the past five years to 390 million euros.

 

Bibliography on Legal Transplants and the Diffusion of Law

Ajani, Gianmaria. By Chance and Prestige: Legal Transplants in Russia and Eastern Europe. 43 American Journal of Comparative Law 1, 1995.

* Anderson, Exporting Democracy. U.S. Lawyers Help Eastern Europe Draft New Constitutions. ABA Journal 18, June 1990.

* Batricevic, Ana. Legal Transplants and the Code of Serbian Tsar Stephan Dushan:

A Comparative Study, 2006. Available at SSRN: <http://ssrn.com/abstract=953277>

* Berkowitz, Daniel; Katharina Pistor and Jean-Francois Richard. The Transplant Effect. 51 American Journal of Comparative Law 163, 2003.

* Bradley, David. Convergence in Family Law: Mirrors, Transplants and Political Economy. Oxford University Comparative Law Forum 2, 2001. <http://ouclf.iuscomp.org>

* Brietzke, Paul. Designing the Legal Frameworks for Markets in Eastern Europe. 7 The Transnational Lawyer 1, 1994.

* Ewald, William. Comparative Jurisprudence (II): The Logic of Legal Transplants. 43 American Journal of Comparative Law, 1995.

* Fedtke, Joerg. Legal transplants, in: Jan M. Smits (ed.), Elgar Encyclopedia of Comparative Law, Cheltenham 2006, pp. 434-437.

* Garoupa, Nuno and Anthony Ogus. A Strategic Interpretation of Legal Transplants, 2003. CEPR Discussion Paper No. 4123. Available at Social Science Research Network: <http://ssrn.com/abstract=480744>

* Kennedy, Duncan. Two Globalizations of Law and Legal Thought, 1850–1968. 36 Suffolk U. L. Rev. 631, 2003.

* Langer, Máximo. From Legal Transplants to Legal Translations: The Globalization of Plea Bargaining and the Americanization Thesis in Criminal Procedure. 45 Harvard International Law Journal 1, 2004. <http://ssrn.com/abstract=707261>

* Legrand, Pierre. The Impossibility of “Legal Transplants”. 4 Maastricht Journal of European & Comparative Law 111, 1997.

* Lowie, Robert H. Primitive Society. Second Edition. New York: Liveright Publishing Corporation, 1947.

* Mattei, Efficiency in Legal Transplants: An Essay in Comparative Law and Economics. 4 Int’l. Rev. L. Econ. 3, 1994.

* Mattei, Ugo. A Theory of Imperial Law: A Study on U.S. Hegemony and the Latin Resistance. 10 Ind. J. Global Legal Stud. 383, 2003.

* Mertus, Julie. Mapping Civil Society Transplants: A Preliminary Comparison Between Eastern Europe and Latin America. 53 U. Miami Law Rev. 921, 1999

* Mistelis, L. Regulatory Aspects: Globalization, Harmonization, Legal Transplants, and Law Reform – Some Fundamental Observations, 34 The International Lawyer 1055, 2000.

* Nessen, Paul von. The Americanization of Australian Corporate Law. 26 Syracuse Journal of International and Comparative Law 239, 1999.

* Örücü, Esin. Critical Comparative Law: Considering Paradoxes for Legal Systems in Transition. 59 Nederlandse Vereniging Voor Rechtsvergelijking 1, 82, 1999.

* Rudmin, Floyd W. Catalogue of acculturation constructs: Descriptions of 126 taxonomies, 1918-2003. In W. J. Lonner, D. L. Dinnel, S. A. Hayes, & D. N. Sattler, Online Readings in Psychology and Culture, Center for Cross-Cultural Research, Western Washington University, Bellingham, Washington, 2003. <http://www.wwu.edu/~culture>.

* Shah, Prakash. Globalisation and the challenge of Asian legal transplants in Europe. Singapore Journal of Legal Studies, 2005, pp. 348-361. <http://law.nus.edu.sg/sjls/articles/SJLS-2005-348.pdf>

* Smits, Jan M. On Successful Legal Transplants in a Future Ius Commune Europaeum, in: Andrew Harding & Esin Örücü (eds.), Comparative Law in the 21st Century, London 2002, pp. 137-154.

* Stewart, Miranda. Global Trajectories on Tax Reform: The Discourse of Tax Reform in Developing and Transition Countries. 44 Harv. Int’l L.J. 139, 151, 2003.

* Tarde, Gabriel de. Social Laws: An Outline of Sociology. Translated from the French by Howard C. Warren. Kitchener, Ontario: Batoche Books Limited, 2001.

* Tarde, Gabriel de. The Laws of Imitation. Second Edition. Gloucester, Mass.: Peter Smith, 1962.

* Twining, William. Diffusion and Globalization Discourse. 47 Harvard International Law Journal 2, Summer 2006, pp. 507–515. <http://www.harvardilj.org/attach.php?id=49>

* Twining, William. Diffusion of Law: A Global Perspective. Journal of Legal Pluralism 1–45, Vol. 49. <http://www.ucl.ac.uk>

* Twining, William. Social Science and Diffusion of Law. 32 Journal of Law and Sociology, 203, 204, 2005.

* Waelde & Gunderson. Legislative Reform in Transition Economies – A Shortcut to Social Market Economy Status? 43 Int. Comp. L.Q. 347, 1994.

* Watson, Alan. Legal Transplants and European Private Law. Electronic Journal of Comparative Law, vol 4.4, Dec. 2000. <http://www.ejcl.org/ejcl/44/44-2.html>

* Watson, Alan. Legal Transplants: An Approach to Comparative Law. Second Edition. Athens, Georgia: The University of Georgia Press, 1993.

* Watson, Alan. Society and Legal Change. Second Edition. Philadelphia: Temple University Press, 2001.

* Watson, Alan. Sources of Law, Legal Change and Ambiguity. European Edition. Edinburgh: T & T Clark, 1985.

* Watson, Alan. The Evolution of Law. Baltimore, Maryland: The Johns Hopkins University Press, 1985.

* Westbrook, David A. City of Gold: An Apology for Global Capitalism in a Time of Discontent. 2003.

* Westbrook, David A. Law Through War. 48 Buff. L. Rev. 299, 2000.

* Westbrook, David A. Theorizing the Diffusion of Law: Conceptual Difficulties, Unstable Imaginations, and the Effort To Think Gracefully Nonetheless. 47 Harvard International Law Journal 2, 2006. <http://www.harvardilj.org/attach.php?id=50>

* Wiegand, Wolfgang. The Reception of American Law in Europe. 39 American Journal of Comparative Law 229, 1991.

* Wise, Edward M. The Transplant of Legal Patterns. 37 American Journal of Comparative Law 1, 1990.

AWF is Introducing the Ancient and Premodern Law at the Hebrew University of Jerusalem Pages

The Alan Watson Foundation is introducing the Ancient and Premodern Law at the Hebrew University of Jerusalem pages on our website. This section is edited by Dr. Arlette David, a legal scholar and lecturer in Egyptology at the Hebrew University of Jerusalem. The Hebrew University of Jerusalem is a friend of the Alan Watson Foundation and has an extensive record of cooperation with the University of Belgrade School of Law.

Dr. Arlette David is also the moderator of the Ancient Law Forum Group and one of the founders of the Israeli Forum for the Research in Legal History of the Ancient and Pre-Industrial World.

Dr. Prakash Shah (Queen Mary, University of London) Appointed as New Member of the AWF International Advisory Board

The Alan Watson Foundation is introducing Dr. Prakash Shah, a new member of the AWF International Advisory Board. Dr. Shah is a specialist in immigration, refugee and nationality law, ethnic minorities and diasporas in law, and comparative law with special reference to South Asians.

He is Senior Lecturer in Law at Queen Mary, University of London. Dr Shah was Lecturer at SOAS, University of London, and Lecturer at the University of Kent at Canterbury.

Dr. Shah is managing editor of the Journal of Immigration, Asylum and Nationality Law and is on the editorial board of the International Journal of Discrimination and Law .

As a member of our board, he will lead new sections on our website pertinent to his research interests.

Dr. Paul du Plessis from the Edinburgh Law School was special guest at the University of Belgrade School of Law

Dr. Paul du Plessis, legal academic from the Edinburgh Law School, who is a founding member of the International Advisory Board of the Alan Watson Foundation, was special guest of the University of Belgrade School of Law. He is devoted to the study of Roman law, the relationship between law and history as well as between law and society in a historical context.

As part of his activities in Belgrade, Dr. Paul du Plessis presented a public lecture entitled “Theory and Practice in the Roman Law of Contracts” on Friday, March 28, which was followed by an academic debate.

One of the major goals of his visit to Belgrade was also the expansion of the Foundation and its activities. As agreed with Professor Sima Avramovic, Dr. Paul du Plessis will be the editor of a new Roman law section within the AWF website. He will also become a member of the Editorial Board of the Annals of the Faculty of Law in Belgrade – Journal of Legal and Social Sciences.