Sports Betting in the Jurisprudence of the European Court of Justice: A Study into the Application of the Stare Decisis Principle, or: The Application of the “Reversal Method” of Content Analysis and the Essence of the ECJ Case Law on Sports Betting
An article by Kaburakis, ECJ Jurisprudence and Recent Developments in EU Sports Betting (2009) so far is the only substantial one on determining the evolution of the jurisprudence of the European Court of Justice (ECJ) concerning “sports betting”, which is a complex task. In this contribution I am presenting an innovative, although time-consuming method of research, the purpose of which is to facilitate that effort considerably. The method starts from the fact that the ECJ jurisprudence is based on the stare decisis principle which is expressly applied by the Court when it makes references to the sources used, that is its previous decisions and the relevant paragraphs therein (this of course does not exclude the possibility that phrasing in previous decisions are used literally later on without an express reference to the paragraphs concerned). Kaburakis in fact uses the traditional method of analysis by showing how the jurisprudence evolved from the first “sports betting” case up to and including the at the time of his writing most recent one. According to the alternative method it is preferred to reverse the chronological order of study, starting from the most recent case and going back to the first one. This operational method is similar to the approach taken by the Court when drafting a new decision. The new method is supposed to be a more objective, neutral, non-arbitrary and non-impressionist combination of close reading and feed-back; it might be called the “reversal” or “retrospective” method.
KeywordsConsumer Protection National Court Legal Person Public Order Royal Decree
- Commission Staff Working Document (2007) The EU and sport: background and content, accompanying document to the white paper on sportGoogle Scholar
- Kaburakis A (2009) ECJ jurisprudence and recent developments in EU sports betting. In: Gardiner S, Parrish R, Siekmann RCR (eds) EU, sport, law and policy: regulation, re-regulation and representation. T.M.C. Asser Press, The HagueGoogle Scholar
- Littler A, Fijnaut C (2007) The regulation of gambling—European and national perspectives. Martinus Nijhoff Publishers, LeidenGoogle Scholar
- Papaloukas M (2010) Int Sports Law J 2010/1–2Google Scholar
- What is Sports Law? A Reappraisal of Content and Terminology (2011) Int Sports Law J 2011/3–4Google Scholar