In Schleswig-Holstein, the Greens are proposing a reassessment of gambling regulations.
The Green party in Schleswig-Holstein wants to refuse the previous reform plans for the State Treaty on Gambling. Spokesperson for financial policy, Rasmus Andresen, announced that the "minimally invasive changes" don't match their objectives. State premiers are currently discussing an amendment to the treaty, which is primarily focused on the granting of licenses to sports betting operators. Online casinos and poker offers will not receive any licenses.
The European Commission has already criticized these regulatory gaps as inadequate. In the Green party's view, a complete overhaul is needed in gambling policy. The party is a member of the coalition between the SPD and the representatives of the Danish minority SSW in the northernmost federal state, nicknamed the "Danish traffic light" coalition. Initially, the Greens support the signing of the new state treaty by their Prime Minister Torsten Albig. This treaty creates greater legal certainty, especially in the area of sports betting. However, the issues surrounding gambling law remain unresolved:
"The birth defects of the State Treaty Amending the Gambling Act remain [...]. There is still a significant gray area. Internet gambling is unregulated. Players are unprotected and the state does not receive any revenue from it. Simple bans don't solve the problem." - Rasmus Andresen, financial policy spokesperson for "The Greens"
The aim of the State Treaty on Gambling is to "channel the gambling instinct into a structured environment". Unauthorized gambling should also be prevented from spreading. In the field of sports betting, the new regulation could even achieve these goals. The providers would be licensed under German law and thus subject to appropriate consumer protection regulations.
However, online casinos and poker rooms would remain unaffected and wouldn't be able to apply for licenses at all. It is therefore not possible to influence the offers and improve player protection, nor to generate tax revenue that could then be used for the common good in the same way as lotteries. The Greens are concerned about the state's loss of control if it doesn't regulate these forms of gambling:
"The blockade attitude must be abandoned. [...] The ban on online poker is no longer fitting with the times. The offer must be liberalized. [...] Anyone who advocates ineffective bans is accepting that the black market is growing and that the state has no control whatsoever."
It should be noted that many consumers are unsure whether an Internet offer is legal or not. This is especially true as all gambling-related areas are heavily advertised. Bookmakers are highly active in sports sponsorship and online casinos like DrückGlück are regularly shown on television. The uncertain attitude of the legislator towards gambling law is no longer comprehensible. The Greens therefore want to make the issue of gambling legislation a part of the next coalition negotiations. It is conceivable that Schleswig-Holstein could go its own way in liberalizing the market.
Schleswig-Holstein's peculiar role in gambling law
The last time the state between the seas took a different path was in 2011. The CDU and FDP coalition passed a "Gambling Reorganization Act". This allowed licenses to be issued to bookmakers and online casinos for a five-year experimental phase. The Greens, who were in opposition at the time, strongly criticized the law, as did the SPD.
After the state elections, the new government of the SPD, the Greens, and the SSW joined the state treaty with the other federal states. As a result, the nationwide ban on online poker and casinos theoretically also applied in Schleswig-Holstein, with the exception of the more than 20 licenses from the trial phase that are still valid. Thus, the legal situation in Germany can still be described as "confusing". Further attempts to issue licenses under the state treaty also failed in court. So perhaps what is really needed is a new push for regulation from the northernmost federal state - this time with the participation of all federal states.
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Source: www.onlinecasinosdeutschland.com