Practical regulation of the mobility of sportsmen in the EU post Bosman

Abstract:

This work examines the contradictions that arise between the Community law of freedom of movement and traditional sports regulations such as transfer rules and nationality clauses.

The work is organised in two main parts preceded by a comprehensive introduction and followed by fulsome conclusion. Part one concentrates upon the general framework of the relevant fundamental freedoms, freedom of movement for persons and the freedom to provide services. Chapters one and two examine whether, and to what extent, Community law might be applied to sporting rules and practices which contradict the principle of freedom of movement. Having established the existence of indispensable criteria for the application of the Community free movement provisions, chapter three considers whether the sporting measures actually do infringe the relevant Treaty Articles.

Part two addresses the practical implications arising from the findings of part one. Chapter four is focussed upon the Bosman ruling of the ECJ, considering whether or not the Court applied the law correctly, and whether or not sufficient account was taken of the particular features of sport. Chapter five examines the consequences of the Bosman ruling for the world of sport and examines the new FIFA regulations hammered out by the football authorities and the European Commission. Questions relating to nationality, and the regulations of several national and international sports associations regarding nationality - and the limitations these place upon athletes’ opportunities - are explored in chapter six. The final chapter draws upon the arguments explored in the book to evaluate whether the existing Treaty framework is appropriate and sufficiently flexible to guarantee satisfactory treatment of sporting matters under Community law, or whether it requires some changes to be made.

The work will interest practitioners, policy makers, regulators and sporting participants in the rapidly expanding field of sports law.