Practical Regulation Of The Mobility Of Sportsmen In The Eu Post Bosman
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Practical Regulation Of The Mobility Of Sportsmen In The Eu Post Bosman
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Author : Stefaan Van den Bogaert
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2005-01-01
Practical Regulation Of The Mobility Of Sportsmen In The Eu Post Bosman written by Stefaan Van den Bogaert and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-01-01 with Law categories.
Sport is recreational, social, educational, healthful, and cultural. It has always been all of these things. Perhaps also it has always been political. In recent years, however, it has become something else besides: economic. Nowadays a lot of money is invested in sport, and sporting competitions often generate enormous amounts of revenue. This has entailed serious repercussions, especially for the relations between individual sportsmen/sportswomen and the sporting clubs and federations that act as brokers for their careers. Into this protected area for decades a closed shop now come the European institutions, especially the European Court of Justice and the European Commission, with the declared intention of ensuring respect for the exigencies of Community law while at the same time protecting the specificity and the integrity of sport. This important book presents an in-depth analysis of the viability under Community law of traditional sports regulations such as transfer rules and nationality clausesboth sets of rules seriously compromised by the Bosman case of 1995. The author asks in particular whether certain rules elaborated by sporting associations can withstand the test of compatibility with the free movement provisions of the EC Treaty. In the light of Bosman, he also rigorously investigates: whether valuable arguments exist for keeping certain sporting rules and practices entirely outside the scope of the EC Treaty; and whether the private nature of sporting clubs constitutes a stumbling block for the application of the relevant free movement rules. Practical Regulation of the Mobility of Sportsmen in the EU Post Bosman comes at a moment when clarification of where this complex and contentious matter currently lies is essential if we are to gauge where it is going. The topic is of special and increasing interest, as official declarations on sport were attached to the Treaties of both Amsterdam and Nice. And, if the draft Constitution for Europe actually enters into force, sport will even become an official area of Union policy. This trend confirms the value and significance of this ground-breaking book for practitioners, policymakers, and regulators in the burgeoning field of sports law. European Monographs 48
From Wembley To San Siro
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Author : Stefaan Van den Bogaert
language : en
Publisher:
Release Date : 2003
From Wembley To San Siro written by Stefaan Van den Bogaert and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Athletes categories.
Sports Law In The European Union
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Author : Andrea Cattaneo
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-09-22
Sports Law In The European Union written by Andrea Cattaneo and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-22 with Law categories.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of sports law in the European Union deals with the regulation of sports activity by both public authorities and private sports organizations. The growing internationalization of sports inevitably increases the weight of global regulation, yet each country maintains its own distinct regime of sports law and its own national and local sports organizations. Sports law at a national or organizational level thus gains a growing relevance in comparative law. The book describes and discusses both state-created rules and autonomous self-regulation regarding the variety of economic, social, commercial, cultural, and political aspects of sports activities. Self- regulation manifests itself in the form of by-laws, and encompasses organizational provisions, disciplinary rules, and rules of play. However, the trend towards more professionalism in sports and the growing economic, social and cultural relevance of sports have prompted an increasing reliance on legal rules adopted by public authorities. This form of regulation appears in a variety of legal areas, including criminal law, labour law, commercial law, tax law, competition law, and tort law, and may vary following a particular type or sector of sport. It is in this dual and overlapping context that such much-publicized aspects as doping, sponsoring and media, and responsibility for injuries are legally measured. This monograph fills a gap in the legal literature by giving academics, practitioners, sports organizations, and policy makers access to sports law at this specific level. Lawyers representing parties with interests in the European Union will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative sports law.
Principles And Practice In Eu Sports Law
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Author : Stephen Weatherill
language : en
Publisher: Oxford University Press
Release Date : 2017-08-11
Principles And Practice In Eu Sports Law written by Stephen Weatherill and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-11 with Law categories.
Principles and Practice in EU Sports Law provides an overview of EU sports law. In particular it assesses sporting bodies' claims for legal autonomy from the 'ordinary law' of states and international organizations. Sporting bodies insist on using their expertise to create a set of globally applicable rules which should not be deviated from irrespective of the territory on which they are applied. The application of the lex sportiva, which refers to the conventions that define a sport's operation, is analysed, as well as how this is used in claims for sporting autonomy. The lex sportiva may generate conflicts with a state or international institution such as the European Union, and the motives behind sporting bodies' claims in favour of the lex sportiva's autonomy may be motivated by concern to uphold its integrity or to preserve commercial gain. Stephen Weatherill's text underlines the tense relationship between lex sportiva and national and regional jurisdictions which is exemplified with specific focus on the EU. The development of EU sports law and its controversies are detailed, reinforced by the example of relevant legal principles in the context of the practice of sports law. The intellectual heart of the text endeavours to make a normative assessment of the strength of claims in favour of sporting autonomy, and the variation between different jurisdictions and sports is evident. Furthermore the enduring dilemma facing sports lawyers running throughout the text is whether sport should be regarded as special, and in turn how (far) its special character should be granted legal recognition.
Sport Law And Practice
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Author : Adam Lewis KC
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-03-15
Sport Law And Practice written by Adam Lewis KC and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-15 with Law categories.
Sport: Law and Practice, Fourth Edition is the leading legal title covering sports law and practice in the UK, and at the Court of Arbitration for Sport. It serves both as a comprehensive statement of applicable law and precedent, and as a very practical guide to circumnavigating a complex sector. The new edition retains and updates all of the key chapters from previous editions, including the extended sections on challenges to the actions of sports governing bodies, and on anti-doping regulation and enforcement (with an introduction to the new 2021 World Anti-Doping Code). There are important updates to the chapters on Regulating Financial Fair Play, Misconduct, Safeguarding in Sport, the Court of Arbitration for Sport, and Media Rights and Sport. The Fourth Edition also adds brand new chapters dealing with: -Effective sports regulation (including the first ever comprehensive discussions of the 'general principles of law' applied by CAS panels in determining challenges to sports regulations, as well as of the principles of interpretation of sports regulations). -Best practice in sports governance (describing developments such as the strengthening of the competence and independence of boards and the emergence of independent integrity units). -Data protection law and sport (including discussion of the provisions of the Data Protection Act 2018 that facilitate the sharing of personal data by sports bodies for integrity-related purposes). -Exploiting commercially valuable sports data (explaining how sports rights-holders can fashion commercial agreements to meet the demand for sports data from the betting industry and others). -ESports (the first comprehensive treatment of the legal and practical principles underlying the regulation and commercial exploitation of the increasingly important ESports sector). Readers will also benefit from practice tips, precedent clauses, detailed explanations of key practical issues, and step-by-step analysis. This is an essential title for all sports law practitioners (solicitors and barristers, common law and civil lawyers), sports governing bodies, event organisers, clubs, participants, sports agencies and commercial partners, arbitrators, universities, and students.
Sporting Nationality In The Context Of European Union Law
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Author : Jan Exner
language : en
Publisher: Springer
Release Date : 2019-01-29
Sporting Nationality In The Context Of European Union Law written by Jan Exner and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-29 with Law categories.
This book strikes a balance between international sporting governing bodies’ interests and values enshrined in rules regarding sporting nationality on one hand, and athletes’ rights under EU law on the other. It argues that some rules governing athletes’ eligibility in national teams in their current form, notably certain waiting periods, quotas for naturalised athletes or athletes having previously played for another country, and rules prohibiting the change of sporting nationality, constitute a disproportionate restriction on athletes’ rights under EU citizenship, free movement of persons, competition law or fundamental rights. Accordingly, the book subsequently presents concrete recommendations for international sporting governing bodies on how to reconcile their interests and values with the rights that athletes enjoy under EU law. As such, it offers an essential guide for these bodies and their representatives, as well as for athletes, academics and practitioners in the fields of law and sports.
Commentary On The Eu
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Author : Marcus Klamert
language : en
Publisher:
Release Date : 2019-05-02
Commentary On The Eu written by Marcus Klamert and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-02 with Charter of Fundamental Rights of the European Union categories.
This Commentary provides an article-by-article summary of the TEU, the TFEU, and the Charter of Fundamental Rights, offering a quick reference to the provisions of the Treaties and how they are interpreted and applied in practice. Written by a team of contributors drawn from the Legal Service of the European Commission and academia, the Commentary offers expert guidance to practitioners and academics seeking fast access to the Treaties and current practice. The Commentary follows a set structure, offering a short overview of the Article, the Article text itself, a key references list including essential case law and legislation, and a structured commentary on the Article itself. The editors and contributors combine experience in practice with a strong academic background and have published widely on a variety of EU law subjects.
Research Handbook On Eu Sports Law And Policy
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Author : Jack Anderson
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-07-27
Research Handbook On Eu Sports Law And Policy written by Jack Anderson and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-27 with LAW categories.
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.
The Legacy Of Bosman
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Author : Antoine Duval
language : en
Publisher: Springer
Release Date : 2016-05-25
The Legacy Of Bosman written by Antoine Duval and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-25 with Law categories.
In December 1995, the Court of Justice of the European Union delivered its judgment in its most famous case to date: the Bosman case. Twenty years later, this book explores in detail how this landmark judgment legally and politically transformed the relationship between the European Union and sport. Written by leading academics in the field, the ten contributions in this book reflect on how Bosman fundamentally shaped the application of EU law to sport and its transformative effects on sports governance. The book’s innovative perspectives on the Bosman ruling makes it important reading for scholars, practitioners and policy-makers concerned with EU law and Sports law. With a foreword by Prof. Dr. Carl Otto Lenz, Advocate General at the Court of Justice in the Bosman-case. Dr. Antoine Duval is Senior Researcher for International and European Sports Law at the T.M.C. Asser Instituut in The Hague. He holds a Ph.D. on the interaction between Lex Sportiva and EU Law from the European University Institute in Florence, where he was the conveyor of the Transnational Law Working Group. Prof. dr. Ben Van Rompuy is a senior researcher at the T.M.C. Asser Instituut, where he heads the ASSER International Sports Law Centre, and is Visiting Professor of Competition Policy at the Free University of Brussels (VUB). He holds a Ph.D. in law from the VUB and held visiting scholar positions at Georgetown University and New York University. The book appears in the ASSER International Sports Law Series, under the editorship of Prof. Dr. Ben Van Rompuy, Dr. Antoine Duval and Marco van der Harst LL.M.
The Law Of The European Union And The European Communities
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Author : Pieter Jan Kuijper
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2018-09-28
The Law Of The European Union And The European Communities written by Pieter Jan Kuijper and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-28 with Law categories.
The Law of the European Union is a complete reference work on all aspects of the law of the European Union, including the institutional framework, the Internal Market, Economic and Monetary Union and external policy and action. Completely revised and updated, with many newly written chapters, this fifth edition of the most thorough resource in its field provides the most comprehensive and systematic account available of the law of the European Union (EU). Written by a new team of experts in their respective areas of European law, its coverage incorporates and embraces many current, controversial, and emerging issues and provides detailed attention to historical development and legislative history of EU law. Topics that are constantly debated in European legal analysis and practice are touched on in ways that are both fundamental and enlightening, including the following: .powers and functions of the EU law institutions and relationship among them; .the principles of equality, loyalty, subsidiarity, and proportionality; .free movement of persons, goods, services, and capital; .mechanisms of constitutional change – treaty revisions, accession treaties, withdrawal agreements; .budgetary principles and procedures; .State aid rules; .effect of Union law in national legal systems; .coexistence of EU, European Convention of Human Rights (ECHR), and national fundamental rights law; .migration and asylum law; .liability of Member States for damage suffered by individuals; .competition law – cartels, abuse of dominant position, merger control; .social policy, equal pay, and equal treatment; .environmental policy, consumer protection, public health, cultural policy, education, and tourism; .nature of EU citizenship, its acquisition, and loss; and .law and policy of the EU’s external relations. The fifth edition embraces many new, ongoing, and emerging European legal issues. As in the previous editions, the presentation is notable for its attention to how the law relates to economic and political realities and how the various policy areas interact with each other and with the institutional framework. The many practitioners and scholars who have relied on the predecessors of this definitive work for years will welcome this extensively revised and updated edition. Those coming to the field for the first time will instantly recognize that they are in the presence of a masterwork that can always be turned to with profit and that helps in understanding the rationale underlying any EU law provision or principle.