Sporting Nationality in the Context of European Union Law


Book Description

This book strikes a balance between international sporting governing bodies’ interests and values enshrined in rules regarding sporting nationality on one hand, and athletes’ rights under EU law on the other. It argues that some rules governing athletes’ eligibility in national teams in their current form, notably certain waiting periods, quotas for naturalised athletes or athletes having previously played for another country, and rules prohibiting the change of sporting nationality, constitute a disproportionate restriction on athletes’ rights under EU citizenship, free movement of persons, competition law or fundamental rights. Accordingly, the book subsequently presents concrete recommendations for international sporting governing bodies on how to reconcile their interests and values with the rights that athletes enjoy under EU law. As such, it offers an essential guide for these bodies and their representatives, as well as for athletes, academics and practitioners in the fields of law and sports.




Autonomy of Sport in Europe


Book Description

Given the impact that successive court rulings have had on the organisation of the sports movement in the past 15 years, the autonomy of non-governmental sports organisations has become a highly topical concern in Europe. It is also closely related to the issue of governance, the subject of previous Council of Europe studies. The Enlarged Partial Agreement on Sport (EPAS) decided to explore the concept of autonomy in greater depth by studying the conceptual, political, legal, economic and psycho-sociological aspects of the subject. This study was carried out at the request of the EPAS by the Swiss Graduate School of Public Administration (IDHEAP) on the basis of a questionnaire sent to public authorities in charge of sport and to national and international umbrella sports organisations. In addition to an analysis of the data obtained, documents produced by public authorities and sports organisations on this emerging issue are presented. This study contributes to a better understanding of the concept of autonomy and offers a clear picture of the issues involved.




Sports law and policy in the European Union


Book Description

This electronic version has been made available under a Creative Commons (BY-NC-ND) open access license. Adopting a distinctive legal and political analysis, this book argues that the EU is receptive to the sports sectors claims for special treatment before the law. The book investigates the birth of EU sports law and policy by examining significant court decisions, the possibility of exempting sport from EU law, sport and the EU treaty, and more.




Sports Law in the European Union


Book Description

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of sports law in the European Union deals with the regulation of sports activity by both public authorities and private sports organizations. The growing internationalization of sports inevitably increases the weight of global regulation, yet each country maintains its own distinct regime of sports law and its own national and local sports organizations. Sports law at a national or organizational level thus gains a growing relevance in comparative law. The book describes and discusses both state-created rules and autonomous self-regulation regarding the variety of economic, social, commercial, cultural, and political aspects of sports activities. Self- regulation manifests itself in the form of by-laws, and encompasses organizational provisions, disciplinary rules, and rules of play. However, the trend towards more professionalism in sports and the growing economic, social and cultural relevance of sports have prompted an increasing reliance on legal rules adopted by public authorities. This form of regulation appears in a variety of legal areas, including criminal law, labour law, commercial law, tax law, competition law, and tort law, and may vary following a particular type or sector of sport. It is in this dual and overlapping context that such much-publicized aspects as doping, sponsoring and media, and responsibility for injuries are legally measured. This monograph fills a gap in the legal literature by giving academics, practitioners, sports organizations, and policy makers access to sports law at this specific level. Lawyers representing parties with interests in the European Union will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative sports law.




Sporting Nationality in the Context of European Union Law


Book Description

This book strikes a balance between international sporting governing bodies' interests and values enshrined in rules regarding sporting nationality on one hand, and athletes' rights under EU law on the other. It argues that some rules governing athletes' eligibility in national teams in their current form, notably certain waiting periods, quotas for naturalised athletes or athletes having previously played for another country, and rules prohibiting the change of sporting nationality, constitute a disproportionate restriction on athletes' rights under EU citizenship, free movement of persons, competition law or fundamental rights. Accordingly, the book subsequently presents concrete recommendations for international sporting governing bodies on how to reconcile their interests and values with the rights that athletes enjoy under EU law. As such, it offers an essential guide for these bodies and their representatives, as well as for athletes, academics and practitioners in the fields of law and sports.




Principles and Practice in EU Sports Law


Book Description

Principles and 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 organizations. 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 variation 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.




Research Handbook on EU Sports Law and Policy


Book Description

The EU’s influence on sport has traditionally focused on the socio-economic and cultural impact. This Research Handbook on EU Sports Law explores the development of the 'European dimension' in sport, and the concomitant legal issues including, competition law, state aid and free movement of persons. The application of such areas of EU law to sport and the influence of EU law on key policy issues such as, doping, match-fixing and governance, are detailed in this comprehensive collection. The topical chapters by experts in their field, also touch upon the future evolution of EU sports law.




Ethics and Sport in Europe


Book Description

Defending ethics in sport is vital in order to combat the problems of corruption, violence, drugs, extremism and other forms of discrimination it is currently facing. Sport reflects nothing more and nothing less than the societies in which it takes place. However, if sport is to continue to bring benefits for individuals and societies, it cannot afford to neglect its ethical values or ignore these scourges. The major role of the Council of Europe and the Enlarged Partial Agreement on Sport (EPAS) in addressing the new challenges to sports ethics was confirmed by the 11th Council of Europe Conference of Ministers responsible for Sport, held in Athens on 11 and 12 December 2008. A political impetus was given on 16 June 2010 by the Committee of Ministers, with the adoption of an updated version of the Code of Sports Ethics (Recommendation CM/Rec(2010)9), emphasising the requisite co-ordination between governments and sports organisations. The EPAS prepared the ministerial conference and stepped up its work in an international conference organised with the University of Rennes, which was attended by political leaders, athletes, researchers and officials from the voluntary sector. The key experiences described in the conference and the thoughts that it prompted are described in this publication. All the writers share the concern that the end result should be practical action - particularly in terms of the setting of standards - that falls within the remit of the EPAS and promotes the Council of Europe's core values.




Sport and Brexit


Book Description

This is the first book to investigate the significance of Brexit for sport, with a particular focus on the regulatory and legal challenges that it poses, and the economic and political stresses that are likely to follow in its wake. Written by a team of leading researchers working across sport studies, legal studies and political science, and edited by an EU official with nearly two decades of experience working in EU sport policy, the book explains why regulation, and European dis-integration, matter to sport. It examines key topics including free movement, state aid and labour law, and considers the interests of key stakeholders from fans to football clubs to governing bodies. This is an essential reference for any advanced student, researcher, policy maker, administrator or industry professional working in sport, international law, political science, or international business and management.




Social Psychology in Sport


Book Description

Social Psychology in Sport, Second Edition, offers global perspectives and a broad base of knowledge in areas that shape the social environment of sport. The text guides readers through the interactions, relationships, influences, and perceptions that affect sport performance and the lived experience of sport participation. Athlete relationships with coaches, parents, and peers are examined in depth. Editors Louise Davis, Richard Keegan, and Sophia Jowett offer their expert knowledge and diverse perspectives regarding social relationships in competitive sport at every level. Through the contributions of an international group of established scholars, Social Psychology in Sport, Second Edition, explains how the thoughts, feelings, and behaviors of sport performers are influenced by the presence of others. The second edition offers a broad range of topics, with theoretical, empirical, and applied perspectives of social psychology. Trending topics such as the maltreatment of athletes, parental involvement, and safe sport cultures are addressed. The text also covers established areas of interest such as group dynamics and coach–athlete relationships. Each chapter follows a progression, starting with theory and then moving to current research, future research directions, and suggested practical applications. This chapter structure helps readers to build a foundation of understanding before moving on to application benefits. Chapter objectives and discussion questions are provided to aid in knowledge retention. Social Psychology in Sport, Second Edition, explores the growing field of social psychology in sport settings, offering a broad base of knowledge alongside practical application and areas for further research. This text is a comprehensive resource for students and researchers interested in the psychosocial aspects of sport.