Origin Of The EU Sport Law Cover Image

Nastajanje sportskog prava Evropske Unije
Origin Of The EU Sport Law

Author(s): Dejan Šuput
Subject(s): Recent History (1900 till today), EU-Accession / EU-DEvelopment, Sports Studies, EU-Legislation
Published by: Institut za uporedno pravo
Keywords: European Union; sport; sport law; directives; practice of the Court of Justice of the European Union;

Summary/Abstract: The paper analyses and explains the evolution of legal norms from the legal and political acts of the European Communities and the European Union which in time, in the author’s opinion, created the basis for the beginning of the EU sport law. The content of the provisions of the treaties establishing the European Economic Community and the European Union was analysed in particular, in order to determine the position of sport as a social value in the treaties. Attention is draw to the fact that the Treaty on European Union, signed in Maastricht in 1992, does not contain any provisions conferring special competence on the EU in the field of sport, and neither does the Treaty establishing the European Economic Community, signed in Rome in 1957. The paper clarifies how the later EU documents recognized sport as an activity of interest for the EU and its citizens and notes, in particular, how a special Declaration on Sport was annexed to the Treaty of Amsterdam from 1997, this being a turning point in the EU’s activity in the field of sport. Furthermore, the paper analyses the provisions of the EU directives that have impact, either indirect or direct, on the creation of legal rules in the national regulations of the Member States regulating sport. In the closing part, the paper argues that, in addition to the provisions of the EU treaties and directives, the practice of the Court of Justice of the European Union was crucial to the transformation of the European sport, in particular the views expressed in the rulings in the cases of Dona, Bosman, Deliege and Lethonen, contributing to the accelerated commercialization of sport, not only in the EU, but in the entire Europe.

  • Issue Year: 2015
  • Issue No: 2
  • Page Range: 99-115
  • Page Count: 17
  • Language: Serbian