Obowiązek notyfikacji środków krajowych na podstawie dyrektywy 98/34/WE w świetle problemów interpretacyjnych polskiej ustawy o grach hazardowych
The Obligation to Notify the European Commission of National Executive Measures under Directive 98/34/EC in the Light of Issues Associated with the Polish Law on Games of Chance

Summary/Abstract: Directive 98/34/EC is an important instrument intended to ensure the transparency of the policies of EU Member States with regard to the EU internal market. It is particularly designed to protect the freedoms of the internal market. This Directive lays down a procedure for the provision of information in the field of technical standards, regulations and rules on information services. The importance of notifying national executive measures, which come within the scope of the Directive 98/34/EC, has become more important given the serious consequences associated with the neglect of this duty subject to the European Court of Justice. National executive measures which have not been notified by Member States, cannot be invoked in national courts against private entities, therefore the qualification of the national executive measures as “technical standards”, “regulations” or “rules” on information services is of major importance and raises a lot of questions with regard to interpretation. In Poland such questions have been raised in connection with the application of the Law on Games of Chance, to the “products” (low-prize gaming machines), as well as to the “information society services” (online betting). These issues are analysed in this paper.

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