Berlin: Ratification of the GlüstV

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Peter Brandt December 14, 2020

In Berlin, politics has agreed to the draft state law for public gambling. As can be seen from the official press release of the Berlin Senate, the draft law is intended to set the course for the Gambling State Treaty (GlüStV), which came into force in 2021. In the next step, the state policy in the capital wants to bring the template to the House of Representatives in order to obtain implementation by voting.

The ratification process could falter the already signed state of gambling. ((©epicioci/Pixabay)

The cornerstone for Gaming State Treaty

The 16 ministers of the federal states agreed on a new Gaming State Treaty for the coming year at the end of October, but it is now due to the countries themselves to collect the given measures in their own legal framework. This is the only way to ensure that the glowing can come into force nationwide and uniformly for 2021. Berlin has now initiated the first steps with the draft law submitted to the legal Basics for implementation to accomplish.

The initiator of the design was the interior senator Andreas Geisel (SPD), who Fifth state law on gambling to ratify the Gambling State Treaty 2021 the Berlin Senate was able to “convince” at its weekly session. As soon as the allocated legislative template will be brought into the House of Representatives in order to implement the GlüStV as the applicable state law. At the Senate meeting, it was said that a corresponding ratification of the Gambling State Treaty in 2021 by the House of Representatives was a prerequisite for the fact that this state contract will also be valid as state law in Berlin in the future.

Ratification decides on legality

Due to the legal constellation in USA, despite the signed Gaming State Treaty Not yet said with absolute certainty whether the regulations decided for the national gambling actually occur. Although the heads of government of all 16 federal states collective have approved the GlüStV, only decides The underlying political instance About the actual course. Therefore, it is now up to the individual parliaments to give the new gambling regulations in USA.

So that the State Treaty of Gambling can enter into force gradually from July 1, 2021, the individual federal states must enable an uncomplicated and legal integration in the country -specific legal framework. For this, the ratification is planned, which must have completed all parliaments by April 30, 2021. The circumstances stipulate that 13 of the 16 countries have ratified the GlüstV have to. Otherwise, the legal provisions do not become final and the next confusion in American gambling law threatens.

Nationwide ratification unsafe? According to the current situation, nationwide ratification seems to be an insecure scenario. Although the governments of the individual federal states have agreed on the new gaming regulations after tough negotiations, it is now possible in the crucial phase that the respective parliaments could cause disagreements. It is said that violent resistance is expected, especially in SPD-led countries. Especially in Saarland and in Saxony-Anhalt, where the Social Democrats form part of the government, the negotiated set of rules is viewed critically. The biggest point of dispute is youth and player protection. Here the SPD calls for a rectification.

Glüstv – what do the new provisions look like?

Should at least 13 federal states successfully design the ratification process by April 30, 2021, the gambling in USA would have a uniform legal framework for the first time after a year -long place of law. To this day, the strong sales of business is unstructured and often moves in Legal gray areas. With the new Gaming State Treaty, the individual industry representatives would have a class -based set of rules on which they could orient themselves. This creates both transparency and trust in the player and could possibly upgrade the call of gambling in USA.

The new regulations of the GlüstV should enable all of this. Especially that Online gambling should benefit enormously. Operators and companies that operate in this division can apply for a license in USA and legally offer their service in the Federal Republic. This would significantly restrict the number of providers without American license, since they should no longer act in the local market. There should also be restrictions in the advertising sector, which are likely to affect online casinos in particular.

In addition, players should be allowed to pay a maximum of 1,000 $ a month to their player account in the future-regardless of how many online casinos they are registered. So far, no specifications have been made by the legislator, so that Limits for deposits and operations were not existent. A blocking file should also be set up for particularly endangered players, which should act as a protective authority. The legislator wants to prevent players at risk of addiction from losing their control while playing. Addiction prevention generally plays a major role in the new state of gambling. The same applies to youth protection.

Legitimate criticism? The resistance to the glowing ratification shows that the regulations decided do not encounter enthusiasm everywhere. In addition to the youth and player protection, the critic is particularly concerned about the blocking file, as it could collide with the data protection regulations.