Lotterie convention: No signing, but majority decision

Attorney Martin Arendts, M.B.L. - HSG (www.wettrecht.de) (openPR) - the Prime Ministers of the 16 German Lands of the Federal Republic did not sign the disputed draft of the Lotterie convention to the today's conference of Prime Minister in Berlin. Against the voice of the Prime Minister from Schleswig-Holstein, i.e. 15: 1 however decided that the contract at the beginning of of 2007 is to be signed by the approving state heads in the circulation method, in order in relation to the European Union commission to be then notified. The Rhineland-Palatinian Prime Minister Kurt Beck communicated today, 15 countries would have informed itself to bring the convention on the way although Schleswig-Holstein had not agreed.

With the planned Lotterie Staatvertrag the countries want to again regulate the gambling right after the sport bet decision of general principle of the Federal Constitutional Court from March 2006. The contract is to regulate also sport bet bets as well as contain regulations for gaming houses. After the nunmehrigen majority decision of the Prime Minister a national sport bet and gambling monopoly in Germany are to apply for further four years, starting from at the beginning of of 2008.

The Kieler federal state government justifies its refusal with Europe and competition-legal doubts and wants the further procedure among other things in Brussels as well as the lining up decision of the European Court of Justice (legal matter Placanica) to wait for. The federal state parliament of Schleswig-Holstein had expressly unanimously rejected a signing at the end of November 2006 (see sport bet right up-to-date No. 55). The Prime Minister of Schleswig-Holstein, Peter Harry Carstensen, explained: „Today I rejected it to set my signature under the contract. “It keep itself however the possibility open still of stepping in the next months the contract.

Legally a convention, which not all countries agree, is most problematic. It does not lead to a split legal situation into Germany and thus straight to a coherent legal regulation comprehensible in itself. A such coherent regulation for the entire gambling range is however in opinion of the gambling right expert attorney Martin Arendts (www.wettrecht.de) both constitutionally as well as Europeanlegally necessarily. The defaults of the Federal Constitutional Court in the basic judgement of 28. March 2006 were not fulfilled to valid convention by one not in all countries.

Of Schleswig-Holstein CDU party head Johann Wadephul recently legal steps for the case had announced that the Prime Ministers should bring the legislative procedure for the Lotterie convention after the 13/16-Regel in such a way specified on the way. “Who holds against better knowledge to this regulation, puts the axe to the roots of the federalism”, said Wadephul to euro on Sunday. “We become against it with all means - if necessary also legal - proceed.” Independently of a possible legal argument first the land parliaments must agree for the entry into force of the state contract.

Law office ARENDTS of LAWYERS,
Perlacher STR. 68, D - 82031 green forest (with Munich)
Tel. 0700/W E T T R E C H T
Tel. 089/64 91 11 - 75; Fax. 089/64 91 11 - 76
E-Mail: wettrecht@anlageanwalt.de

Editorship:

Attorney Martin Arendts, M.B.L. - HSG (martin.arendts@anlageanwalt.de)
(press-legally responsible)
c/o ARENDTS of LAWYERS, Perlacher STR. 68, D - 82031 green forest

ARENDTS of LAWYERS is one on luck play and right specialized law office.

Dieser Artikel wurde veröffentlicht auf
OpenPR - http://openpr.de/news/112395/Lotterie-Staatsvertrag-Keine-Unterzeichnung-aber-Mehrheitsbeschluss.html