Principles and practice in EU sports law

✍ Scribed by Stephen Weatherill

• Publisher: Oxford University Press
• Year: 2017
• Tongue: English
• Leaves: 401
• Series: Oxford EU law library
• Edition: First edition
• Category: Library

✦ Synopsis

Principles & Practice in EU Sports Law provides an overview of EU Sports Law. In particular it assesses sporting bodies' claims for legal autonomy from the 'ordinary law' of states and international organisations. Sporting bodies insist on using their expertise to create a set of globally applicable rules which should not be deviated from irrespective of the territory on which they are applied. The application of the lex sportiva, which refers to the conventions that define a sport's operation, is analysed, as well as how this is used in claims for sporting autonomy. The lex sportiva may generate conflicts with a state or international institution such as the European Union, and the motives behind sporting bodies' claims in favour of the lex sportiva's autonomy may be motivated by concern to uphold its integrity or to preserve commercial gain.

Stephen Weatherill's text underlines the tense relationship between lex sportiva and national and regional jurisdictions which is exemplified with specific focus on the EU. The development of EU sports law and its controversies are detailed, reinforced by the example of relevant legal principles in the context of the practice of sports law. The intellectual heart of the text endeavours to make a normative assessment of the strength of claims in favour of sporting autonomy, and the comparison between different jurisdictions and sports is evident. Furthermore the enduring dilemma facing sports lawyers running throughout the text is whether sport should be regarded as special, and in turn how (far) its special character should be granted legal recognition.

✦ Table of Contents

Content: Cover
Half title
Series
Principles and Practice in EU Sports Law
Copyright
Contents Summary
Contents
Table of Cases
Table of Legislation
List of Abbreviations
1. Sport is Special
2. Three Strategies for Defending 'Sporting Autonomy'
2.1 Protecting Sporting Autonomy: the Contractual, Legislative,and Interpretative Routes
2.2 The Contractual Solution
2.2.1 Protecting arbitration
2.2.2 The CAS
2.2.3 How immune is the lex sportiva from 'ordinary' law?
2.2.4 Recognition and enforcement of CAS rulings as Swiss arbitral awards 2.2.5 The normative case for and against the lex sportiva as expressedthrough contract/ CAS2.2.6 The limits of the CAS's umbrella: at EU level
2.2.7 The limits of the CAS's umbrella: before national courts in the EU
2.2.8 The practice of sanctions
2.2.9 Conclusion- the limits of the contractual solution as a means toprotect sporting autonomy
2.3 The Legislative Solution
2.3.1 Hosting the World Cup and the Olympic Games
2.3.2 Ticket 'touting'
2.3.3 Ambush marketing
2.3.4 Not hosting the World Cup or the Olympic Games 2.3.5 Conclusion- the limits of the legislative solution as a means toprotect sporting autonomy2.4 The Adjudicative or Interpretative Solution
3. The Framework and the Challenges of an EU Law and Policy on Sport
3.1 Introduction
3.2 'Competence' as a Constitutionally Foundational Issue in the EU
3.3 The Framework of EU Law and Policy and How It Applies to Sport
3.4 Negative Law- Free Movement and Competition
3.5 Positive Law- the Competence Conferred by Article 165 TFEU
3.6 An EU Law and Policy on Sport?
4. Sport in the Internal Market: Free Movement Law
4.1 Introduction 4.2 The First Step: Walrave and Koch4.3 Bosman Changed Everything
4.4 Bosman- the Structure of the Ruling: the Limits of SportingAutonomy under EU Law
4.5 No Absolute Autonomy for Sport under EU Law ...
4.6 ... but a Conditional Autonomy for Sport under EU Law
4.7 Failing to Justify the Transfer System
4.8 Failing to Justify Nationality Discrimination in Club Football
4.9 Bosman- the Aftermath
4.10 Beyond Bosman
5. Sport in the Internal Market: Competition Law
5.1 Competition Law
5.2 ENIC/ UEFA
5.3 Meca- Medina and Majcen v Commission
5.3.1 The importance of Meca- Medina 5.3.2 The path to litigation5.3.3 The ruling of the CFI
5.3.4 On appeal, the Court of Justice
5.4 The Significance of Meca- Medina
5.5 How Meca- Medina Has Come to Frame the Debate aboutEU Sports Law
5.6 Conclusion
6. The EU's Legislative Competence in the Field of Sport
6.1 Introduction
6.2 The Amsterdam Declaration
6.3 The Nice Declaration
6.4 The Helsinki Report
6.5 The 2007 White Paper
6.6 The Road to Article 165 TFEU: Abandoning the Dream ofAbsolute Exclusion for Sport.

✦ Subjects

Sports -- Law and legislation -- European Union countries.;LAW / Administrative Law & Regulatory Practice