The Lisbon Treaty and EU Sports Policy
A study providing a panorama of the possibilities of EU sports policy at a time when these are being reviewed after the approval of the Lisbon Treaty. In particular, the study assesses from a legal point of view, the potential of the new TFEU to enable the EU to attain the objectives of greater fairness and openness in sporting competitions and greater protection of the moral and physical integrity of sports practitioners whilst taking account of the specific nature of sport.
CONTENTS
LIST OF ABBREVIATIONS
TABLE OF CASES
EXECUTIVE SUMMARY
INTRODUCTION
1. SPORT POLICY AND THE SPECIFICITY OF SPORT UNDER ARTICLE 165
2. CONSTITUTIONAL CONSTRAINTS ON EU ACTION
3. THE ‘SPECIFIC NATURE’ OF SPORT, ‘FAIRNESS’ AND ‘OPENESS’ IN THE CONTEXT OF EU FREE MOVEMENT AND COMPETITION LAWS
3.1. Collective sale of sports rights
3.2. Rules designed to promote the local training of players
3.3. Rules regulating the status and transfer of players
3.4. Anti-doping rules
3.5. Player release rules designed to promote national team sports
3.6. Licensing conditions, financial fair play and salary capping
3.7. Rules regulating players’ agents
3.8. Measures regulating betting
3.9. Rules restricting club ownership
3.10.Rules excluding non-nationals from sporting competitions
3.11.The rights of third-country nationals
3.12.Rules on national territorial tying
3.13.Rules on selection criteria
3.14.Rules concerning the composition of national teams
3.15.Rules protecting sports associations from competition
4. THE POLICY DIMENSION OF THE NEW EU COMPETENCE ON SPORT
4.1. EU sports policy taking account of ‘its structures based on voluntary activity and its social and educational function’
4.2. Protection of the ‘physical and moral integrity’ of sportspersons
4.3. Promoting ‘cooperation between bodies responsible for sports’
4.4. Cooperation with third countries and international organisations
4.5. Legislative action under Article 165
5. RESULTS OF CONSULTATION EXERCISE
5.1. Priorities for a direct EU sports policy
5.2. Priorities regarding the impact of EU law and policies on sport
5.3. Priorities for the horizontal development of EU sport policy
6. CONCLUSIONS AND RECOMMENDATIONS
REFERENCES
ANNEX
The Lisbon Treaty and EU Sports Policy
