Sport is recreational, social, educational, healthful, and cultural. It has
always been all of these things. Perhaps also it has always been political. In
recent years, however, it has become something else besides: economic.
Nowadays a lot of money is invested in sport, and sporting competitions often
generate enormous amounts of revenue. This has entailed serious repercussions,
especially for the relations between individual sportsmen/sportswomen and the
sporting clubs and federations that act as brokers for their careers. Into
this protected area for decades a closed shop now come the European
institutions, especially the European Court of Justice and the European
Commission, with the declared intention of ensuring respect for the exigencies
of Community law while at the same time protecting the specificity and the
integrity of sport.
This important book presents an in-depth analysis of the viability under
Community law of traditional sports regulations such as transfer rules and
nationality clausesboth sets of rules seriously compromised by the Bosman case
of 1995. The author asks in particular whether certain rules elaborated by
sporting associations can withstand the test of compatibility with the free
movement provisions of the EC Treaty. In the light of Bosman, he also
rigorously investigates: whether valuable arguments exist for keeping certain
sporting rules and practices entirely outside the scope of the EC Treaty; and
whether the private nature of sporting clubs constitutes a stumbling block for
the application of the relevant free movement rules.
Practical Regulation of the Mobility of Sportsmen in the EU Post
Bosman comes at a moment when clarification of where this complex and
contentious matter currently lies is essential if we are to gauge where it is
going. The topic is of special and increasing interest, as official
declarations on sport were attached to the Treaties of both Amsterdam and
Nice. And, if the draft Constitution for Europe actually enters into force,
sport will even become an official area of Union policy. This trend confirms
the value and significance of this ground-breaking book for practitioners,
policymakers, and regulators in the burgeoning field of sports law.
European Monographs 48
Preface, List of Abbreviations
Introduction 1. The Many Different Faces
of Sport 2. The Evolving Relationship Between Sport and EU 3.
Delimitation of the Scope of the Book 4. Structure of the Book
1: GENERAL FRAMEWORK I. Applicability of Community Law to Sport 1.
Introduction 2. The Non-economic and/or Special Character of Sport 3.
The Similarity Between Sport and Culture 4. The Freedom of Association
5. The Principle of Subsidiarity 6. Conclusion II.
Applicability of Free Movement 1. Introduction 2. The Issue of
Horizontal Direct Effect 3. The Requirement of an ‘Economic Activity’
4. The Condition of Nationality 5. The Requirement of a
Trans-national Underpinning 6. Conclusion III. Compatibility
with Free Movement Rules 1. Introduction 2. The Principle of
Non-discrimination on Grounds of Nationality 3. From Discriminations to
Restrictions 4. The Concept of ‘Restrictions’ 5. The
Issue of Justification 6. Conclusion
PRACTICAL IMPLICATIONS IV. The Transfer Issue 1. Introduction 2.
The Situation in the Pre-Bosman Era 3. The Bosman Case: Crusade on
Football Boots 4. V. The Transfer Saga, The Sequel 1.
Introduction 2. Bosman: The Day After 3. Case N_ IV/36.583 –
FIFA 4. Conclusion 5. Epilogue VI. The Nationality Issue
1. Introduction 2. The Nationality Clauses: An Overview 3.
Legal Analysis 4. Conclusion Conclusion, References, Table of Cases,