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Jacob Kornbeck

As part of the rollout of the new, post-Lisbon sports competence based on the revised Article 165 TFEU, the European Union has been able to launch a range of sport policy initiatives aiming at promoting health-enhancing physical activity (HEPA). In addition to its traditional regulatory roles based on other Treaty provisions, the EU has been able to use Article 165 to develop HEPA-related soft law, aimed at the embedding and coordination of physical activity-friendly policies, including but not limited to sports, within all public policy areas, both at the level of the Union and at that of its Member States. This chapter provides an overview of the said developments, raising the question whether an emerging soft law HEPA doctrine can be identified, thereby making a contribution to the ongoing debate on the interplay between EU hard law and EU soft law.