The ombudsman’s Petition to the Constitutional Court regarding the Prohibition of the Operation of the Slot Machines - AJBH-EN
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null The ombudsman’s Petition to the Constitutional Court regarding the Prohibition of the Operation of the Slot Machines
The ombudsman's Petition to the Constitutional Court regarding the Prohibition of the Operation of the Slot Machines
7342/2012
The ombudsman's Petition to the Constitutional Court regarding the Prohibition of the Operation of the Slot Machines
According to the Commissioner for Fundamental Rights, the affected entrepreneurs' right to property is violated by the manner in which the law-maker prohibited the operation of the slot machines; in addition, it is contrary to the principle of protection of legitimate expectations and the requirement to ensure sufficient time for preparation in order to adapt to the legal environment. Consequently, Máté Szabó requested the annulment of certain amendments of the Act on Gambling Operations that have been in force since 10 October 2012.
Nearly 40 individuals and small enterprises asked the ombudsman to initiate the review of the Act on Gambling Operations at the Constitutional Court. The complainants objected to the provision pursuant to which the slot machines may be operated only in casinos, and the licences to operate issued earlier are already repealed on the date following the amendment.
Máté Szabó stressed that in the gambling market the law-maker may freely decide to what extent it allows the market players' involvement or whether it holds that under monopoly. The provision allowing the operation of slot machines only in casinos is therefore not contrary to the Constitution by itself. He pointed out as well that his inquiry does not cover the social fairness of gambling, either.
It does not comply with the provisions of the Fundamental Law that the amending Act did not even ensure the minimal preparatory time for the transformation of their activities. By reference to an earlier decision of the Constitutional Court, the ombudsman pointed that out as well that the licence issued for a determined period of time for the operation of the slot machines is a property right protected by the Fundamental Law. The Commissioner for Fundamental Rights argued that having regard to the above, the immediate withdrawal of existing licences without indemnification is contrary to the Fundamental Law.