Sports Law and the European Union (original) (raw)
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PODIUM Sport, Leisure and Tourism Review
Recent sport professionalization demanded governmental regulation on the overall sport competition environment. This work intends to clarify and illustrate some important aspects of the European Union Competition Law that are applied to sport organizations and for managers, showing how some important cases have shaped sport practices. Specifically, the current articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU) are the focus of this analysis. In brief, the Courts are now supporting their decisions about sport competition issues based not only on the TFEU, but also on the White Paper of Sport and referential cases. Above all, as a consequence of the Meca-Medina case, targeting to evaluate whether a rule adopted by a sport association infringes articles 101 and 102, a methodological approach was defined: Wouters steps (European Commission, 2007). Sports athletes, managers and institutions should assess if their entities are under the umbrella of the European Union Competition Law, taking into account the Wouters steps and the elements of the article 101 (3). Surely, any sport rule in the EU needs to observe the necessity of legitimate objectives and the proportionality of the actions in order to achieve these goals. The case-by-case Court of Justice approach of analysis was chosen as the best option, after all, general exemptions or applications could not take into consideration the specificities of the sport phenomenon. Additionally, sport managers should always foresee the effects of their rules and decisions on the sport industry, in terms of restricting or distorting competition.
The Sporting Exemption Principle in the European Court of Justice's Case Law
As early as the seventies the sports authorities in Europe started a campaign in order to achieve the recognition of a sporting exemption from the European rules. In their view the whole of the sporting activity containing also sports rules issued by them should not be subject to the European Treaty provisions. After more than thirty years, many legal and political confrontations have resulted in the application by the European Court of Justice of the principle of proportionality in many different sports related cases in order to exclude some areas of the sports sector from the European Internal Market and Competition Rules. This exclusion however which is often referred to as "the sporting exemption" is neither absolute nor unconditional.
The Specificity of Sports in the International and EU Law
2010
Brâncuşi" University of Târgu Jiu, Juridical Sciences Series, Issue 2/2010 169 SPECIFICITATEA SPORTURILOR ÎN DREPTUL INTERNAŢIONAL ŞI EUROPEAN Dr. Tomáš GÁBRIŠ Universitatea Trnava din Trnava, Republica Slovacă Rezumat: Lucrarea se ocupă cu dezbaterea curentă despre specificul sporturilor în dreptul internaţional şi european. Specificitatea joacă vreun rol în contextul dreptului internaţional -de exemplu legile specifice la drepturile umane internaţionale şi dreptul muncii? La nivelul UE, ideea de specificitate a fost explicată prin deciziile Curţii de Justiţie a Uniunii Europene, de exemplu în cazurile Walrave şi Koch, Bosman, şi Meca-Medina. Mai mult, ideea de specificitate a sporturilor a fost inclusă în redactarea tratatului de la Lisabona (2009). Care sunt consecinţele acestei mutări? Ce abordare a avut Curtea în cel mai recent caz al lui Bernard (Martie 2010)? Acestea sunt principalele întrebări despre care va discuta lucrarea. Abstract: The conference paper deals with the current debate on the specificity of sports in the international and EU law.
Academic Journal of Interdisciplinary Studies, 2014
In our social system is getting more and more ground to the role of law in general, but also sports and legal norms in particular the establishment, functioning and legitimacy of sports activities, clubs and sports federations. Seen in the context of a myriad of norms, rules and laws of our country whether, but European legal framework have given the developmental approach and institutional self-regulating principles of sports bodies as special public entity Sports which means that they are: sports subjects of law, not state, created by law in the public interest involved here (University of sport; Societies sports associations, sports clubs and federations) that whether a legal person in public stage or private have functional independence, political, economic, and executive decision to each organ. Purpose of this study in to show needs, practices and challenges to present legislation on a whole, as a package of legal-important character with sports, to identify schemes which function playgrounds, plant and sporting rights and obligations of plants administrators sports.
SPORTS IN THE CASE-LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS
Espaço Juridico Journal of Law [EJJL]; Vol 20 No 2 , 2019
Sport has been an object of interest of international law on several occasions. It has also been a point of interest of regional human rights protection, for example within the legal system of Council of Europe. Recently, the European Court of Human Rights has developed its case-law concerning sport-related issues, such as football supporters related violence and prevention of events of hooliganism, anti-doping related issues or fairness of proceedings before The Court of Arbitration for Sport (CAS) in Lausanne or the protection of professional athletes' rights in the context of anti-doping requirements. The article focuses on the ECtHR case-law relating to sport within the meaning of the right to life (art. 2 of the ECHR), prohibition of torture of inhuman or degrading treatment or punishment (art. 3 of the ECHR), right to liberty and security (art.5 of the ECHR), right to a fair trial (art.6 of the ECHR) or right to protection of private and family life (art.8 of the ECHR). Keywords: European Court of Human Rights. European Convention on Human Rights. Professional sport. Right to protection of private and family life. Court of Arbitration for Sport. Resumo: O esporte tem sido objeto de interesse do direito internacional em várias ocasiões. Também tem sido um ponto de interesse da proteção regional dos direitos humanos, por exemplo, dentro do sistema jurídico do Conselho da Europa. Recentemente, o Tribunal Europeu dos Direitos Humanos desenvolveu sua jurisprudência sobre questões relacionadas ao esporte, como a violência relacionada aos torcedores de futebol e a prevenção de eventos de vandalismo, questões relacionadas ao antidoping ou a imparcialidade dos procedimentos perante o Tribunal de Arbitragem do Esporte (CAS) em Lausanne ou a proteção dos direitos dos atletas profissionais no contexto de requisitos antidopagem. O artigo tem como objetivo a análise da jurisprudência da CEDH relativa ao esporte na acepção do direito à vida (art. 2 da CEDH), da proibição de tortura a tratamentos ou penas desumanos ou degradantes (art. 3 da CEDH), do direito à liberdade e à segurança (art.5 da CEDH), direito a um julgamento justo/ a um processo equitativo (art.6 da CEDH) e o direito ao respeito pela vida privada e familiar (art.8 da CEDH).
International Sports Law Journal, 2017
Contracts involving sports matters, such as the participation of an athlete in an international sports competition, would normally have a clause submitting disputes to arbitration under the rules of the Court of Arbitration for Sports. As a result, in international sports disputes, the subject matter of disputes has been predominantly decided by a private tribunal. In making such decisions, the Court of Arbitration of Sports has been interpreting and applying the rules established by sports governing bodies. Consequently, in its 30 years of existence, the Court of Arbitration for Sports has produced a rich jurisprudence regarding sports disputes. Such body of case law, combined with the rules of the sports governing bodies, has created what today is called a lex sportiva. Hence, this paper aims at analysing the concept of the lex sportiva to trace a parallel to its closest source of transnational law, the lex mercatoria. From that, following the principle of party autonomy, it will be argued if lex sportiva is already the governing law in some sports-related contracts or if it is desirable, whether lex sportiva can become the governing law to a contract in the same manner that today lex mercatoria can be the parties’ choice of law in a contract.