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• Title:Principles and practice in EU sports law / Stephen Weatherill (Jacques Delors Professor of European Law, University of Oxford).
  
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• Author/Creator:Weatherill, Stephen, 1961- author.
  
• Published/Created:Oxford, United Kingdom : Oxford University Press, 2017.
  

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  • Location:LAW LIBRARY (level 3)Where is this?
    
  • Call Number: KJE6063 .W43 2017
    
  • Number of Items:1
    
  • Status:Available
    

   
• Library of Congress Subjects:Sports--Law and legislation--European Union countries.
  
• Edition:First edition
  
• Description:xxvi, 373 pages ; 24 cm
  
• Series:Oxford EU law library.
  
• Summary:Principles & 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 organisations. 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 comparison 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.
  
• ISBN:9780198793656
  0198793650
  
• Contents:Machine generated contents note: 1. Sport is Special
  2. Three Strategies for Defending `Sporting Autonomy'
  2.1. Protecting Sporting Autonomy: the Contractual, Legislative, and Interpretative Routes
  2.2. Contractual Solution
  2.2.1. Protecting arbitration
  2.2.2. CAS
  2.2.3. How immune is the lex sportiva from `ordinary' law?
  2.2.4. Recognition and enforcement of CAS rulings as Swiss arbitral awards
  2.2.5. normative case for and against the lex sportiva as expressed through contract/CAS
  2.2.6. limits of the CAS's umbrella: at EU level
  2.2.7. limits of the CAS's umbrella: before national courts in the EU
  2.2.8. practice of sanctions
  2.2.9. Conclusion
  -the limits of the contractual solution as a means to protect sporting autonomy
  2.3. Legislative Solution
  2.3.1. Hosting the World Cup and the Olympic Games
  2.3.2. Ticket `touting'
  2.3.3. Ambush marketing
  2.3.4. Not hosting the World Cup or the Olympic Games
  2.3.5. Conclusion
  -the limits of the legislative solution as a means to protect sporting autonomy
  2.4. Adjudicative of Interpretative Solution
  3. Framework and the Challenges of an EU Law and Policy on Sport
  3.1. Introduction
  3.2. `Competence' as a Constitutionally Foundational Issue in the EU
  3.3. Framework of EU Law and Policy and How It Applies to Sport
  3.4. Negative Law
  -Free Movement and Competition
  3.5. Positive Law
  -the Competence Conferred by Article 165 TFEU
  3.6. EU Law and Policy on Sport?
  4. Sport in the Internal Market: Free Movement Law
  4.1. Introduction
  4.2. First Step: Walrave and Koch
  4.3. Bosman Changed Everything
  4.4. Bosman
  -the Structure of the Ruling: the Limits of Sporting Autonomy under EU Law
  4.5. No Absolute Autonomy for Sport under EU Law...
  4.6. But a Conditional Autonomy for Sport under EU Law
  4.7. Failing to Justify the Transfer System
  4.8. Failing to Justify Nationality Discrimination in Club Football
  4.9. Bosman
  -the Aftermath
  4.10. Beyond Bosman
  5. Sport in the Internal Market: Competition Law
  5.1. Competition Law
  5.2. ENIC/UEFA
  5.3. Meca-Medina and Majcen υ Commission
  5.3.1. importance of Meca-Medina
  5.3.2. path to litigation
  5.3.3. ruling of the CFI
  5.3.4. On appeal, the Court of Justice
  5.4. Significance of Meca-Medina
  5.5. How Meca-Medina Has Come to Frame the Debate about EU Sports Law
  5.6. Conclusion
  6. EU's Legislative Competence in the Field of Sport
  6.1. Introduction
  6.2. Amsterdam Declaration
  6.3. Nice Declaration
  6.4. Helsinki Report
  6.5. 2007 White Paper
  6.6. Road to Article 165 TFEU: Abandoning the Dream of Absolute Exclusion for Sport
  6.7. From the Convention on the Future of Europe via the Failure of the Treaty Establishing a Constitution to the Lisbon Treaty
  6.8. Sport at the Convention on the Future of Europe and Beyond
  6.9. Treaty of Lisbon
  6.10. Lisbon
  -How Much Changed?
  6.11. Article 165 in Legislative and Policy-making Practice
  6.12. Article 165 as a Means to Frame the Debate
  6.13. Conclusion
  7. Specific Nature of Sport: An Integrated Account of the Law of Conditional Autonomy
  7.1. Introduction
  7.2. Article 165 TFEU and Internal Market Law
  7.3. Convergence of Free Movement and Competition Law in Application to Sport: the Integrated Law of the Internal Market
  7.4. Sporting Margin of Appreciation
  7.5. Using Article 165 to Frame the EU's Contribution
  7.6. Conclusion
  8. Rules Based on Nationality
  8.1. Introduction
  8.2. International Sport
  8.3. Club Sport
  8.4. Immediate Aftermath of Bosnian
  8.5. How Has This Assessment of the Limits of Respect for the Lex Sportiva View Been Reached in EU Law?
  8.6. Court in Error
  8.7. Sport is Not Just Football! The Case of Cricket, and of Rugby
  8.8. Incentives to Seek a Reformed System That Would be Tied to the Origins of Players
  8.9. Rules Based (Directly or Indirectly) on Nationality; `Quotas' in Club Football
  8.10. Home-grown Rules
  8.11. Eligibility for a National Team
  -Changing Country
  8.12. Equal Treatment of Non-nationals in National Championship
  8.13. Conclusion
  9. Transfer System
  9.1. Transfer System
  -Collective Plus Individual
  9.2. Rationales for and the History of the Transfer System
  9.3. Challenging the Transfer System: George Eastham
  9.4. Challenging the Transfer System: Jean-Marc Bosman
  9.5. Legal and Economic Implications of the Bosman Ruling: Contract Negotiation and `Player Power'
  9.6. Olivier Bernard: Confirming the Favourable Approach in Principle of EU Law to the Transfer System
  9.7. Beyond Bosman
  9.8. Renovated System
  9.8.1. Eventual agreement
  9.8.2. International transfers
  9.8.3. Minors
  9.8.4. Contractual stability and its limits
  9.9. CAS: the Operation of the Transfer System
  9.10. Compatibility of the Renovated System with EU Law
  9.11. Competitive Balance and Equality between Clubs
  9.12. Sport as a Special Case in Youth Training
  9.13. So What is Left...?
  9.14. Concluding Comments
  10. Influence of EU Law on Sports Governance
  10.1. Introduction
  10.2. Political and Policy Background
  10.3. Court of Justice: Meca-Medina
  10.4. Court of Justice: MOTOE
  10.5. MOTOE and Review of Sports Governance
  10.6. Multiple Ownership of Clubs
  10.7. Rules on Player Release
  10.7.1. rules
  10.7.2. litigation
  10.7.3. settlement of the litigation
  10.7.4. How would the litigation have been resolved, had the Court been allowed the opportunity to rule on it?
  10.8. Club Relocation
  10.9. Financial Fair Play
  10.10. Third Party Ownership
  10.11. Breakaway Leagues
  10.12. Good Governance
  10.13. Conclusion
  11. Broadcasting
  11.1. Introduction
  11.2. Law, Economics, and Technology of the Broadcasting Sector
  11.3. Property Rights Associated with the Sale of Rights to Broadcast Sports Events
  11.4. Sale of Exclusive Rights
  11.4.1. scope of Article 101(1) TFEU
  11.4.2. Exemption
  11.4.3. Application to sport: defining markets
  11.5. Collective Selling of Rights to Broadcast Matches
  11.6. Champions League
  -Application to Collective Selling at National Level
  11.7. Collective Selling
  -an Unresolved Question about the Place of `Solidarity'
  11.8. Territorial Exclusivity
  11.8.1. dispute
  11.8.2. Free movement law
  -a restriction on inter-state trade
  11.8.3. Free movement
  -justifying the restrictions
  11.8.4. Competition law
  11.8.5. Copyright law: public houses and private consumers
  11.8.6. Reacting to the judgment in Karen Murphy
  11.8.7. Concluding comments
  11.9. Sporting Jewels: `Protected' or `Listed' Events
  11.9.1. legislative framework
  11.9.2. rules: defining the listed or the protected event
  11.9.3. What is the obligation imposed on the listing state?
  11.9.4. What is the obligation imposed on states other than the listing state?
  11.9.5. Short news reports
  11.9.6. nature and purpose of the regime
  11.9.7. Litigating the legislative regime: Listed or protected events
  11.10. Conclusion
  12. Principles of EU Sports Law.