Edited by Jack Anderson, Richard Parrish and Borja García
Chapter 2: Sources and origins of EU sports policy
The EU’s founding Treaty, the 1957 Treaty of Rome, did not grant the EU a competence to develop a sport policy and so for many years EU involvement in sport was ad hoc, sporadic and constitutionally questionable. This situation was remedied with the entry into force in 2009 of Articles 6 and 165 of the Treaty on the Functioning of the European Union (TFEU). These articles granted the EU institutions the ability to ‘support, coordinate and supplement’ the actions of the Member States in the field of sport. Prior to Article 165, the EU attracted the criticism that the lack of constitutional status for sport resulted in a jurisprudential bias in favour of single market principles and this damaged the autonomy and specificity of sport. This chapter examines that thesis and explores the trajectory of EU sports law and policy post-TFEU.
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