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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

  • R. C. R. Siekmann
Chapter
Part of the ASSER International Sports Law Series book series (ASSER)

Abstract

To determine the evolution of the jurisprudence of the European Court of Justice (ECJ) on ‘sports betting’ is a complex task. In this contribution, an innovative method of research the purpose of which is to facilitate that effort considerably, is presented. 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. The traditional method of academic analysis shows 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. This method allows us to determine which paragraphs in previous decisions are most important (or relatively important). In this contribution, the ‘reversal’ method is systematically and consistently tested in practice. What is the essence of the jurisprudence of the ECJ on sports betting, on the basis of the application of this method?

Keywords

Consumer Protection National Court Legal Person Public Order Royal Decree 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

References

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Copyright information

© T.M.C. Asser Institute and the author 2012

Authors and Affiliations

  1. 1.International and European Sports Law, Erasmus University RotterdamErasmus School of LawRotterdamThe Netherlands

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