Research Handbook on EU Sports Law and Policy
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Research Handbook on EU Sports Law and Policy

Edited by Jack Anderson, Richard Parrish and Borja García

The EU’s influence on sport has traditionally focused on the socio-economic and cultural impact. This Research Handbook on EU Sports Law explores the development of the 'European dimension' in sport, and the concomitant legal issues including, competition law, state aid and free movement of persons. The application of such areas of EU law to sport and the influence of EU law on key policy issues such as, doping, match-fixing and governance, are detailed in this comprehensive collection. The topical chapters by experts in their field, also touch upon the future evolution of EU sports law.
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Chapter 3: Health-friendly sport policy: an emerging soft law doctrine

Jacob Kornbeck

Abstract

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.

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