Regole tecniche e obblighi di notifica nel diritto dell'UE: il caso delle norme regionali in tema di giochi d'azzardo

Translated title of the contribution: [Autom. eng. transl.] Technical rules and reporting obligations in EU law: the case of regional gambling rules

Pinella Altiero

Research output: Contribution to journalArticle

Abstract

EU directive 2015/1535 lays down a procedure for the provision of information in the field of technical regulations, according to which Member States are required to notify the European Commission of any draft technical regulations before the adoption. According to the Court of Justice, the failure to comply with the procedural obligations set in the directive would result in the inapplicability of the national technical rule not properly notified. The purpose of this paper is to identify, through an analysis of the legislation and of the relevant case law, the conditions under which national regulations - and, in particular, those on games of chance - can be qualified as "technical regulations" within the meaning of the directive. This analysis should help to clarify, firstly, the real scope of the obligation to notify and, secondly, the extent and the limits of the judicial review at national level, in proceedings involving “technical regulations”. In conclusion, the serious consequences of Member States’ infringement of the notification procedure, i.e. the judicial disapplication of the relevant national legislation not notified, particularly stresses the importance of the issue at stake.
Translated title of the contribution[Autom. eng. transl.] Technical rules and reporting obligations in EU law: the case of regional gambling rules
Original languageItalian
Pages (from-to)325-349
Number of pages25
JournalDIRITTO COMUNITARIO E DEGLI SCAMBI INTERNAZIONALI
Volume2016
Publication statusPublished - 2016
Externally publishedYes

Keywords

  • TRIS
  • Technical regulations
  • games of chance
  • giochi d'azzardo
  • notification requirements
  • obblighi di notifica
  • procedura di controllo
  • regole tecniche

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