Freedom of Services

A line taken from a poem which I studied at school goes, “law’s as long as a ten foot snake”. Each time I delve into legal matters I find ample confirmations for such an assertion. The latest confirmation comes from the gaming sector.

News shown on The Sunday Times of Malta today, suggest how the French company responsible for gambling in France is trying to prevent a Maltese registered company from tapping the market. You might say that this action goes against the freedom of movement of services which the European Union prides itself with. Instead, there is no provision which regulates provision of remote gambling services in Community Law.

The gambling sector is a competence of member state. The heavily-controlled sector is regulated by national monopolies while the Maltese sector is in the process of liberalisation following the setting of the Malta Gaming and Lotteries Authority. The liberalisation of this sector, coupled with innovative legislation governing the sector has permitted the creation of a market which generates one billion Euros annually with 97 companies competing or in the process of competing against each other. Furthermore the market is set to generate more than three billion Euros and employ approximately 2,000 employees over the next five years. The United Kingdom is set to be the second country to follow suit after Malta by legislating in favour of the setting up of online betting companies.

This scenario shows that when there truly is freedom of services and when entrepreneurs are given the opportunities to work in the right legislative environment, the benefits a country may reap are significant. Malta has managed to build a healthy industry based upon effective management. The Mediterranean state has managed to understand that state control is not relevant anymore in the European Common Market and that original and effective legislation that promotes - rather than forces - certain practices paves the way for success.

Lessons are surely to be learnt from the Maltese Government’s approach in giving the possibility to anyone to seize the opportunities that exist within a market of 450 million citizens. Moreover interested parties are to bolster their efforts in lobbying with the Union for creating a truly free market where anyone enjoys equal access to success, anywhere it lays.

Freedom means opportunities. It means the cornerstone of a greater, more dynamic market - something which suits Europe and the Europeans.