The purpose of this short course is to explain the regulation of football in Europe against the backdrop of the integration model of the European Union (EU).
Throughout this course, we will attempt to first show the current (unsatisfactory) state of play (and the ensuing negative external effects, as law-making to regulate sport has unavoidably suffered), highlighted by the recent Super-League litigation before the Court of Justice of the European Union (CJEU), and then propose mechanisms for better coordinating action between member states, international sport federations (that have emerged as the pan-European football regulator) and the EU institutions.
The EU is a common market (where factors of production circulate freely). Some specific policies have been harmonized (competition, trade), some are characterized as “mixed competence” (both the EU, and its member states are competent), whereas others remain the prerogative of national discretion. Sport is national competence. And yet, to the extent that national exercise of discretion affects the functioning of the common market, EU law takes precedence, and member states must oblige. Nevertheless, what “affects” the common market is largely a land in the sand, and far from being set in stone. It is the EU courts that have the last word, and they have not been always precise (and consistent) when intervening following legal complaints.
LAW 1081 | 2 Units | Grading: Law Mandatory P/R/F