Sports Betting in the Jurisprudence of the European Court of Justice: A Study into the Application of the Stare Decisis Principle, Or: The Application of the "Reversal Method" of Content Analysis and the Essence of the ECJ Case Law on Sports Betting

By Siekmann, Robert C. R. | The International Sports Law Journal, January-April 2011 | Go to article overview

Sports Betting in the Jurisprudence of the European Court of Justice: A Study into the Application of the Stare Decisis Principle, Or: The Application of the "Reversal Method" of Content Analysis and the Essence of the ECJ Case Law on Sports Betting


Siekmann, Robert C. R., The International Sports Law Journal


1. Introduction

Kaburakis' article on "ECJ Jurisprudence and Recent Developments in EU Sports Betting" (1) so far is the only substantial one on the matter. (2) From the article it becomes clear that to determine the evolution of the jurisprudence of the European Court of Justice (ECJ) on "sports betting" is a complex task. In this contribution I am presenting an innovative, although time-consuming method of research the purpose of which is to facilitate that effort considerably. The method starts from the fact that the ECJ jurisprudence is based on the stare decisis principle which is expressly applied by the Court when it makes references to the sources used, that is its previous decisions and the relevant paragraphs therein (this of couse does not exclude the possibility that phrasing in previous decisions are used literally later on without an express reference to the paragraphs concerned). Kaburakis in fact uses the traditional method of analysis by showing how the jurisprudence evolved from the first "sports betting" case up to and including the at the time of his writing most recent one. According to the alternative method it is preferred to reverse the chronological order of study, starting from the most recent case and going back to the first one. This operational method is similar to the approach taken by the Court when drafting a new decision. The new method is supposed to be a more objective, neutral, non-arbitrary and non-impressionist combination of close reading and feed-back; it might be called the "reversal" or "retrospective" method. This method allows us to determine which paragraphs in previous decisions are most important (or relatively important). It is possible that express references to these paragraphs occur more than once in their successors. So, when we closely read the text of later decisions, they may give us feed-back about the relative importance of their predecessors. If there is no reference to a "sports betting" case at all, it must logically be concluded that this is a (very) minor case and in any case not a landmark one. Of course, in this perspective the relative importance of the one most recent decision cannot be determined, since there are not any succeeding references made to it yet. It is not only possible to determine what the relative importance of paragraphs in preceding "sports betting" decisions is, but also to determine what the influence of previous non-"sports betting" decisions, of a gambling type or not has been (see below for definitions of the concepts of "gambling" and "sports betting"). Finally, it should be observed that in principle in non-betting/gambling and non-sports betting cases express reference may be made to sports betting/gambling cases. This would illustrate the influence of "sports betting" jurisprudence the other way round.

Of course, in using the "reversal" method of analysis, one should also take into account if and to what extent the factual backgrounds of the cases differ from each other, and whether possibly the applicable law has changed in the meantime (the latter is not the case from a EU perspective, because EU "(sports) betting" law Is ECJ case law). Of course, other aspects are a changing membership of the Court as well as Court members changing their views over time, whether or not under the impact of changing views on "sports betting" in the society at large, in particular regarding state monopolies and the position of state-run operators. In this respect, the Advocate-General's Opinions may be of major importance, and it is to be seen whether express reference is made to them in the ECJ's decisions and rulings.

In this contribution, the "reversal" method will be systematically and consistently tested in practice. While using the method it will be refined in applying it, if necessary. "Rules" for the use of the method will be developed in the process of its application. By using this method, it should be possible to determine the essentials of the case-law, its core content.

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Sports Betting in the Jurisprudence of the European Court of Justice: A Study into the Application of the Stare Decisis Principle, Or: The Application of the "Reversal Method" of Content Analysis and the Essence of the ECJ Case Law on Sports Betting
Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.