56 PUBLIC GAMING INTERNATIONAL • SEPTEMBER/OCTOBER 2025 The EU has evolved from an economic community (Treaties of Rome 1957) into a true union of citizens with a strong social dimension (as highlighted by former EU Council President Von Rompuy at the Charlemagne Prize ceremony in Aachen 2014). This shared European culture and social heritage are now embedded in the Treaties (article 167 TFUE). Within this common cultural framework, games of chance were common in ancient Greece, Rome or in Egypt, while the unique concept of lotteries found its origins in Bruges when the first ‘lottery’ named ‘Lotinghe’ (meaning lot or “taking fate into you own hands”) was created. Lotteries are indeed part of the social fabric of the EU, thanks to its model of offering low risk games with small stakes for potential big prizes played by a large community of adult citizens. Beyond entertainment, lotteries contribute significantly to the non-economic values of society, channeling funds to good causes that serve the public interest. However, this societal role of lottery is in danger in a more digitalized and competitive environment. That is why, today, lotteries need to be protected at the EU Treaty level. Nearly 600 years after the first lottery, lotteries in Europe and beyond are based on the same model: a large group of citizens who participate in a public and transparent draw. They do so for a very affordable stake, hoping to win a prize but also support the idea that the proceeds are used to fund causes that benefit society as a whole and are close to anyone’s hearts. Lottery now represents a common cultural heritage on a world scale. In some countries, the role of lotteries is enshrined in the state Constitution (e.g., Switzerland, India and several states in the U.S). This should be the same in the EU. As early as in 1994, the role of lotteries in this historical and social context was outlined: “Given the peculiar nature of lotteries, which has been stressed by many Member States, those considerations are such as to justify restrictions, which may go so far as to prohibit lotteries in a Member State. (…) A final ground which is not without relevance, although it cannot in itself be regarded as an objective justification, is that lotteries may make a significant contribution to the financing of benevolent or public interest activities such The NEED for a ‘SAFE HARBOR’ protecting public lotteries in the face of regulatory disruption and aggressive online gambling operators By Philippe Vlaemminck, and Valentin Ramognino1 Philippe Vlaemminck and Valentin Ramognino 1Philippe Vlaemminck is the managing partner of Vlaemminck.law; and Valentin Ramognino, associate at Vlaemminck.law. Brussels (Nederlandse and French) and Paris Bars, their views are personal.
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