IL GIOCO D’AZZARDO NEI PRINCIPI DI LIBERTÀ DI STABILIMENTO E LIBERA PRESTAZIONE DEI SERVIZI

This paper examines the interplay between the European principles of freedom of establishment and freedom to provide services and the Italian regulation of gambling. Although expressly excluded from the scope of the Services Directive, the sector remains subject to Articles 49 and 56 TFEU. After outlining the European legal framework and the rationale for exclusion, the analysis turns to the Italian regulatory model, marked by a complex concession and licensing system and by restrictions justified on grounds of public order and public health. Particular attention is given to the case law of the Court of Justice of the European Union, which has progressively clarified the limits of legitimacy for national restrictions, striking down discriminatory procedures and repeated extensions of concessions. The study highlights the need to balance consumer protection, public security, and anti-gambling addiction measures with the requirements of market openness and legal certainty within the internal market. It concludes by stressing the urgency of a comprehensive reform of the Italian concession system, ensuring coherence, transparency, and compliance with European Union law.