Practical Regulation of the Mobility of Sportsmen in the EU Post Bosman

Practical Regulation of the Mobility of Sportsmen in the EU Post Bosman by Stefaan van den Bogaert

Practical Regulation of the Mobility of Sportsmen in the EU Post Bosman

By Stefaan van den Bogaert
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Kluwer Law International
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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

ISBN: 9789041123275
Pages: 448
SKU: 904112327X
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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 PART 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 PART 2: 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, Index