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Principles and practice in EU sports law


Sport is SpecialThree Strategies for Defending ‘Sporting Autonomy’Protecting Sporting Autonomy: the Contractual, Legislative, and Interpretative RoutesThe Contractual SolutionProtecting arbitrationThe CASHow immune is the lex sportiva from ‘ordinary’ law?Recognition and enforcement of CAS rulings as Swiss arbitral awardsThe normative case for and against the lex sportiva as expressed through contract/CASThe limits of the CAS’s umbrella: at EU levelThe limits of the CAS’s umbrella: before national courts in the EUThe practice of sanctionsConclusion—the limits of the contractual solution as a means to protect sporting autonomyThe Legislative SolutionHosting the World Cup and the Olympic GamesTicket ‘touting’Ambush marketingNot hosting the World Cup or the Olympic GamesConclusion—the limits of the legislative solution as a means to protect sporting autonomyThe Adjudicative or Interpretative SolutionThe Framework and the Challenges of an EU Law and Policy on SportIntroduction‘Competence’ as a Constitutionally Foundational Issue in the EUThe Framework of EU Law and Policy and How it Applies to SportNegative Law—Free Movement and CompetitionPositive Law—the Competence Conferred by Article 165 TFEUAn EU Law and Policy on Sport?Sport in the Internal Market. Free Movement LawIntroductionThe First Step: Walrave and KochBosman Changed EverythingBosman—the Structure of the Ruling: the Limits of Sporting Autonomy under EU LawNo Absolute Autonomy for Sport under EU Law ...but a Conditional Autonomy for Sport under EU LawFailing to Justify the Transfer SystemFailing to Justify Nationality Discrimination in Club FootballBosman—the AftermathBeyond BosmanSport in the Internal Market. Competition LawCompetition LawENIC/UEFAMeca-Medina and Majcen v CommissionThe importance of Meca-MedinaThe path to litigationThe ruling of the CFIOn appeal, the Court of JusticeThe Significance of Meca-MedinaHow Meca-Medina Has Come to Frame the Debate about EU Sports LawConclusionThe EU’s Legislative Competence in the Field of SportIntroductionThe Amsterdam DeclarationThe Nice DeclarationThe Helsinki ReportThe 2007 White PaperThe Road to Article 165 TFEU: Abandoning the Dream of Absolute Exclusion for SportFrom the Convention on the Future of Europe via the Failure of the Treaty Establishing a Constitution to the Lisbon TreatySport at the Convention on the Future of Europe and BeyondThe Treaty of LisbonLisbon—How Much Changed?Article 165 in Legislative and Policy-making PracticeArticle 165 as a Means to Frame the DebateConclusionThe Specific Nature of Sport. An Integrated Account of the Law of Conditional AutonomyIntroductionArticle 165 TFEU and Internal Market LawThe Convergence of Free Movement and Competition Law in Application to Sport: the Integrated Law of the Internal MarketA Sporting Margin of AppreciationUsing Article 165 to Frame the EU’s ContributionConclusionRules Based on NationalityIntroductionInternational SportClub SportThe Immediate Aftermath of BosmanHow Has This Assessment of the Limits of Respect for the Lex Sportiva View Been Reached in EU Law?The Court in ErrorSport is Not Just Football! The Case of Cricket, and of RugbyThe Incentives to Seek a Reformed System That Would be Tied to the Origins of PlayersRules Based (Directly or Indirectly) on Nationality: ‘Quotas’ in Club FootballHome-grown RulesEligibility for a National Team—Changing CountryEqual Treatment of Non-nationals in National ChampionshipConclusionThe Transfer SystemThe Transfer System—Collective Plus IndividualThe Rationales for and the History of the Transfer SystemChallenging the Transfer System: George EasthamChallenging the Transfer System: Jean-Marc BosmanThe Legal and Economic Implications of the Bosman Ruling: Contract Negotiation and ‘Player Power’Olivier Bernard: Confirming the Favourable Approach in Principle of EU Law to the Transfer SystemBeyond BosmanThe Renovated SystemEventual agreementInternational transfersMinorsContractual stability and its limitsCAS: the Operation of the Transfer SystemThe Compatibility of the Renovated System with EU LawCompetitive Balance and Equality between ClubsSport as a Special Case in Youth TrainingSo What is Left ...?Concluding CommentsThe Influence of EU Law on Sports GovernanceIntroductionThe Political and Policy BackgroundThe Court of Justice: Meca-MedinaThe Court of Justice: MOTOEMOTOE and Review of Sports GovernanceMultiple Ownership of ClubsRules on Player ReleaseThe rulesThe litigationThe settlement of the litigationHow would the litigation have been resolved, had the Court been allowed the opportunity to rule on it?Club RelocationFinancial Fair PlayThird Party OwnershipBreakaway LeaguesGood GovernanceConclusionBroadcastingIntroductionThe Law, Economics, and Technology of the Broadcasting SectorProperty Rights Associated with the Sale of Rights to Broadcast Sports EventsThe Sale of Exclusive RightsThe scope of Article 101(1) TFEUExemptionApplication to sport: defining marketsCollective Selling of Rights to Broadcast MatchesChampions League—Application to Collective Selling at National LevelCollective Selling—an Unresolved Question about the Place of ‘Solidarity’Territorial ExclusivityThe disputeFree movement law—a restriction on inter-state tradeFree movement—justifying the restrictionsCompetition lawCopyright law: public houses and private consumersReacting to the judgment in Karen MurphyConcluding commentsSporting Jewels: ‘Protected’ or ‘Listed’ EventsThe legislative frameworkThe rules: defining the listed or the protected eventWhat is the obligation imposed on the listing state?What is the obligation imposed on states other than the listing state?Short news reportsThe nature and purpose of the regimeLitigating the legislative regime: listed or protected eventsConclusionThe Principles of EU Sports Law
 
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