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 17: Sport, free movement and nationality

Stefaan Van den Bogaert

Abstract

This contribution initially provides a general overview of the main rules and principles concerning the Treaty free movement provisions. The focus is primarily on the free movement of workers and the freedom to provide services. The chapter then analyses the approach of the Court of Justice as regards nationality discrimination in sport. The chapter also addresses how EU law approaches the question of nationality discrimination in team and individual sports, as highlighted in discussions on UEFA’s home-grown player rule and eligibility requirements in Olympic sports. The chapter concludes by observing that despite the absence of a clear EU competence in the field of sport until the Lisbon Treaty, the Court of Justice of the EU has consistently adopted the same conceptual approach in cases concerning the mobility of sportsmen within the EU.

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