Principles and Practice in EU Sports Law (Oxford European Union Law Library)

✍ Scribed by Stephen Weatherill

• Publisher: Oxford University Press
• Year: 2017
• Tongue: English
• Leaves: 401
• 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

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/ CAS
2.2.6 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 autonomy
2.4 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 Koch
4.3 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 litigation
5.3.3 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
6.7 From the Convention on the Future of Europe via the Failure ofthe Treaty Establishing a Constitution to the Lisbon Treaty
6.8 Sport at the Convention on the Future of Europe and Beyond
6.9 The Treaty of Lisbon
6.10 Lisbon— How Much Changed?
6.11 Article 165 in Legislative and Policy- making Practice
6.12 Article 165 as a Means to Frame the Debate
6.13 Conclusion
7. The Specific Nature of Sport: An Integrated Account of the Lawof Conditional Autonomy
7.1 Introduction
7.2 Article 165 TFEU and Internal Market Law
7.3 The Convergence of Free Movement and Competition Law inApplication to Sport: the Integrated Law of the Internal Market
7.4 A Sporting Margin of Appreciation
7.5 Using Article 165 to Frame the EU’s Contribution
7.6 Conclusion
8. Rules Based on Nationality
8.1 Introduction
8.2 International Sport
8.3 Club Sport
8.4 The Immediate Aftermath of Bosman
8.5 How Has This Assessment of the Limits of Respect for theLex Sportiva View Been Reached in EU Law?
8.6 The Court in Error
8.7 Sport is Not Just Football! The Case of Cricket, and of Rugby
8.8 The Incentives to Seek a Reformed System That Would be Tiedto the Origins of Players
8.9 Rules Based (Directly or Indirectly) on Nationality: ‘Quotas’in Club Football
8.10 Home- grown Rules
8.11 Eligibility for a National Team— Changing Country
8.12 Equal Treatment of Non- nationals in National Championship
8.13 Conclusion
9. The Transfer System
9.1 The Transfer System— Collective Plus Individual
9.2 The Rationales for and the History of the Transfer System
9.3 Challenging the Transfer System: George Eastham
9.4 Challenging the Transfer System: Jean- Marc Bosman
9.5 The Legal and Economic Implications of the BosmanRuling: Contract Negotiation and ‘Player Power’
9.6 Olivier Bernard: Confirming the Favourable Approach inPrinciple of EU Law to the Transfer System
9.7 Beyond Bosman
9.8 The Renovated System
9.8.1 Eventual agreement
9.8.2 International transfers
9.8.3 Minors
9.8.4 Contractual stability and its limits
9.9 CAS: the Operation of the Transfer System
9.10 The Compatibility of the Renovated System with EU Law
9.11 Competitive Balance and Equality between Clubs
9.12 Sport as a Special Case in Youth Training
9.13 So What is Left …?
9.14 Concluding Comments
10. The Influence of EU Law on Sports Governance
10.1 Introduction
10.2 The Political and Policy Background
10.3 The Court of Justice: Meca- Medina
10.4 The Court of Justice: MOTOE
10.5 MOTOE and Review of Sports Governance
10.6 Multiple Ownership of Clubs
10.7 Rules on Player Release
10.7.1 The rules
10.7.2 The litigation
10.7.3 The settlement of the litigation
10.7.4 How would the litigation have been resolved, had the Courtbeen allowed the opportunity to rule on it?
10.8 Club Relocation
10.9 Financial Fair Play
10.10 Third Party Ownership
10.11 Breakaway Leagues
10.12 Good Governance
10.13 Conclusion
11. Broadcasting
11.1 Introduction
11.2 The Law, Economics, and Technology of the Broadcasting Sector
11.3 Property Rights Associated with the Sale of Rights toBroadcast Sports Events
11.4 The Sale of Exclusive Rights
11.4.1 The scope of Article 101(1) TFEU
11.4.2 Exemption
11.4.3 Application to sport: defining markets
11.5 Collective Selling of Rights to Broadcast Matches
11.6 Champions League— Application to Collective Sellingat National Level
11.7 Collective Selling— an Unresolved Question about thePlace of ‘Solidarity’
11.8 Territorial Exclusivity
11.8.1 The dispute
11.8.2 Free movement law— a restriction on inter- state trade
11.8.3 Free movement— justifying the restrictions
11.8.4 Competition law
11.8.5 Copyright law: public houses and private consumers
11.8.6 Reacting to the judgment in Karen Murphy
11.8.7 Concluding comments
11.9 Sporting Jewels: ‘Protected’ or ‘Listed’ Events
11.9.1 The legislative framework
11.9.2 The rules: defining the listed or the protected event
11.9.3 What is the obligation imposed on the listing state?
11.9.4 What is the obligation imposed on states other than thelisting state?
11.9.5 Short news reports
11.9.6 The nature and purpose of the regime
11.9.7 Litigating the legislative regime: listed or protected events
11.10 Conclusion
12. The Principles of EU Sports Law
Index