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EU Sports Law is shaped by three landmark sources: the Court of Justice’s rulings in Walrave and Koch, Bosman and Meca-Medina, which in fertile combination brought EU law to a case-by-case examination of sporting practices that is infused by sensitivity to sport’s peculiar features, now supported by the explicit Treaty direction contained in Article 165 TFEU that the EU shall respect the ‘specific nature’ of sport. A model of conditional autonomy lies at the heart of EU sports law – sporting autonomy is respected on condition that it is shown how and why chosen practices are truly needed. In Bosman the Court concluded that nationality discrimination practised in club football did not carry the same resonance as the nationality discrimination at international level to which it had given the green light in Walrave and Koch, while in Meca-Medina anti-doping procedures were reviewed but not condemned. Article 165 captures and confirms the notion of conditional autonomy.
Edited by Trudie Knijn and Manuela Naldini
Jack Anderson, Richard Parrish and Borja García
Trudie Knijn and Manuela Naldini
This introductory chapter summarizes the book and puts in in the perspective of the extent to which EU citizenship is different for women and men, for the young and the old, for those who stay in their own country and for those who move within the European Union. It introduces diverse aspects of EU citizenship ranging among the political citizenship of young Europeans, the civil and social rights of migrant care workers, reproductive rights and variations in family law among member states, and EU gender politics and policies. It signals a remarkable and paradoxical tendency towards expanding the right to family life, exemplified by recognition of family diversity by the European Court for Human Rights and EU law, which have more recently substantially reduced the autonomy of national jurisdiction in not granting the right to family life to ‘other’ types of family forms, and the current process of increasing family dependency because of limited social citizenship rights for non-wage workers.