Principles and practice in EU sports law / Stephen Weatherill (Jacques Delors Professor of European Law, University of Oxford).

Format:

Book

Author/Creator:

Weatherill, Stephen, 1961- author.

Series:

Oxford EU law library

Oxford European Union law library

Language:

English

Subjects (All):

Sports--Law and legislation--European Union countries.

Sports.

Sports--Law and legislation.

European Union countries.

Physical Description:

xxvi, 373 pages ; 24 cm.

Place of Publication:

Oxford, United Kingom : Oxford University Press, 2017.

Summary:

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.

Contents:

1 Sport is Special 1

2 Three Strategies for Defending 'Sporting Autonomy' 8

2.1 Protecting Sporting Autonomy: the Contractual, Legislative, and Interpretative Routes 8

2.2 The Contractual Solution 10

2.2.1 Protecting arbitration 10

2.2.2 The CAS 13

2.2.3 How immune is the lex sportive from 'ordinary' law? 16

2.2.4 Recognition and enforcement of CAS rulings as Swiss arbitral awards 19

2.2.5 The normative case for and against the lex sportivea as expressed through contract/CAS 25

2.2.6 The limits of the CAS's umbrella: at EU level 28

2.2.7 The limits of the CAS's umbrella: before national courts in the EU 29

2.2.8 The practice of sanctions 35

2.2.9 Conclusion-the limits of the contractual solution as a means to protect sporting autonomy 36

2.3 The Legislative Solution 37

2.3.1 Hosting the World Cup and the Olympic Games 37

2.3.2 Ticket 'touting' 39

2.3.3 Ambush marketing 40

2.3.4 Not hosting the World Cup or the Olympic Games 44

2.3.5 Conclusion-the limits of the legislative solution as a means to protect sporting autonomy 46

2.4 The Adjudicative or Interpretative Solution 47

3 The Framework and the Challenges of an EU Law and Policy on Sport 50

3.1 Introduction 50

3.2 'Competence' as a Constitutionally Foundational Issue in the EU 52

3.3 The Framework of EU Law and Policy and How It Applies to Sport 57

3.4 Negative Law-Free Movement and Competition 57

3.5 Positive Law-the Competence Conferred by Article 165 TFEU 64

3.6 An EU Law and Policy on Sport? 67

4 Sport in the Internal Market: Free Movement Law 71

4.1 Introduction 71

4.2 The First Step: Walrave and Koch 73

4.3 Bosman Changed Everything 78

4.4 Bosman-the Structure of the Ruling: the Limits of Sporting Autonomy under EU Law 84

4.5 No Absolute Autonomy for Sport under EU Law ... 85

4.6 ...but a Conditional Autonomy for Sport under EU Law 91

4.7 Failing to Justify the Transfer System 93

4.8 Failing to Justify Nationality Discrimination in Club Football 94

4.9 Bosman-the Aftermath 97

4.10 Beyond Bosman 100

5 Sport in the Internal Market: Competition Law 104

5.1 Competition Law 104

5.2 ENIC/UEFA 105

5.3 Meca-Medina and Majcen v Commission 109

5.3.1 The importance of Meca-Medina 110

5.3.2 The path to litigation 110

5.3.3 The ruling of the CFI 111

5.3.4 On appeal, the Court of Justice 112

5.4 The Significance of Meca-Medina 116

5.5 How Meca-Medina Has Come to Frame the Debate about EU Sports Law 120

5.6 Conclusion 123

6 The EU's Legislative Competence in the Field of Sport 125

6.1 Introduction 125

6.2 The Amsterdam Declaration 127

6.3 The Nice Declaration 129

6.4 The Helsinki Report 131

6.5 The 2007 White Paper 135

6.6 The Road to Article 165 TFEU: Abandoning the Dream of Absolute Exclusion for Sport 141

6.7 From the Convention on the Future of Europe via the Failure of the Treaty Establishing a Constitution to the Lisbon Treaty 142

6.8 Sport at the Convention on the Future of Europe and Beyond 144

6.9 The Treaty of Lisbon 147

6.10 Lisbon-How Much Changed? 148

6.11 ARticle 165 in Legislative and Policy-making Practice 150

6.12 ARticle 165 as a Means to Frame the Debate 153

6.13 Conclusion 155

7 The Specific Nature of Sport: An Integrated Account of the Law of Conditional Autonomy 157

7.1 Introduction 157

7.2 Article 165 TFEU and Internal Market Law 158

7.3 The Convergence of Free Movement and Competition Law in Application to Sport: the Integrated Law of the Internal Market 162

7.4 A Sporting Margin of Appreciation 165

7.5 Using Article 165 to Frame the EU's Contribution 169

7.6 Conclusion 174

8 Rules Based on Nationality 176

8.1 Introduction 176

8.2 International Sport 176

8.3 Club Sport 177

8.4 The Immediate Aftermath of Bosman 179

8.5 How Has This Assessment of the Limits of Respect for the Lex Sportiva View Been Reached in EU Law? 181

8.6 The Court in Error 182

8.7 Sport is Not Just Football! The Case of Cricket, and of Rugby 185

8.8 The Incentives to Seek a Reformed System That Would be Tied to the Origins of Players 190

8.9 Rules Based (Directly or Indirectly) on Nationality: 'Quotas' in Club Football 192

8.10 Home-grown Rules 195

8.11 Eligibility for a National Team-Changing Country 200

8.12 Equal Treatment of Non-nationals in National Championship 202

8.13 Conclusion 203

9 The Transfer System 205

9.1 The Transfer System-Collective Plus Individual 205

9.2 The Rationales for and the History of the Transfer System 206

9.3 Challenging the Transfer System: George Eastham 208

9.4 Challenging the Transfer System: Jean-Marc Bosman 210

9.5 The Legal and Economic Implications of the Bosman Ruling: Contract Negotiation and 'Player Power' 212

9.6 Olivier Bernard: Confirming the Favourable Approach in Principle of EU Law to the Transfer System 215

9.7 Beyond Bosman 221

9.8 The Renovated System 223

9.8.1 Eventual agreement 224

9.8.2 International transfers 226

9.8.3 Minors 226

9.8.4 Contractual stability and its limits 227

9.9 CAS: the Operation of the Transfer System 229

9.10 The Compatibility of the Renovated System with EU Law 234

9.11 Competitive Balance and Equality between Clubs 235

9.12 Sport as a Special Case in Youth Training 238

9.13 So What is Left ...? 240

9.14 Concluding Comments 244

10 The Influence of EU Law on Sports Governance 245

10.1 Introduction 245

10.2 The Political and Policy Background 246

10.3 The Court of Justice: Meca-Median 248

10.4 The Court of Justice: MOTOE 250

10.5 MOTOE and Review of Sports Governance 254

10.6 Multiple Ownership of Clubs 258

10.7 Rules on Player Release 259

10.7.1 The rules 259

10.7.2 The litigation 261

10.7.3 The settlement of the litigation 262

10.7.4 How would the litigation have been resolved, had the Court been allowed the opportunity to rule on it? 266

10.8 Club Relocation 268

10.9 Financial Fair Play 270

10.10 Third Party Ownership 279

10.11 Breakaway Leagues 282

10.12 Good Governance 283

10.13 Conclusion 285

11 Broadcasting 288

11.1 Introducion 288

11.2 The Law, Economics, and Technology of the Broadcasting Sector 290

11.3 Property Rights Associated with the Sale of Rights to Broadcast Sports events 298

11.4 The Sale of Exclusive Rights 300

11.4.1 The scope of Article 101(1) TFEU 300

11.4.2 Exemption 302

11.4.3 Application to sport: defining markets 305

11.5 Collective Selling of Rights to Broadcast Matches 313

11.6 Champions League-Application to Collective Selling at National Level 318

11.7 Collective Selling-an Unresolved Question about the Place of 'Solidarity' 323

11.8 Territorial Exclusivity 326

11.8.1 The dispute 327

11.8.2 Free movement law-a restriction on inter-state trade 328

11.8.3 Free movement-justifying the restrictions 330

11.8.4 Competition law 334

11.8.5 Copyright law: public houses and private consumers 334

11.8.6 Reacting to the judgment in Karen Murphy 335

11.8.7 Concluding comments 336

11.9 Sporting Jewels: 'Protected' or "Listed" Events 338

11.9.1 The legislative framework 338

11.9.2 The rules: defining the listed or the protected event 340

11.9.3 What is the obligation imposed on the listing state? 342

11.9.4 What is the obligation imposed on states other than the listing state? 343

11.9.5 Short news reports 345

11.9.6 The nature and Purpose of the regime 346

11.9.7 Litigating the legislative regime: listed or protected events 349

11.10 Conclusion 354

12 The Principles of EU Sports Law 356.

ISBN:

9780198793656

0198793650

OCLC:

969982051