On Overlapping Legal Orders: What is the ‘Purely Sporting’ Rule?
This paper examines the overlap of two legal orders. One is the legal order established by the EC Treaty. The other is the legal order which governs sport – a set of rules established by sports federations whose decisions have such profound consequences for the functioning of sport that it is not misleading to label them ‘law’ despite their formal source as private arrangements. Put another way, this paper’s concern is to explore the relationship between EC law as a basis for controlling sport from ‘outside’ and the network of governance which regulates sport from ‘within’.
KeywordsLegal Order Club Football National Team Treaty Provision Sport Federation
- Barani L (2005) The role of the European Court of Justice as a political actor in the integration process: The case of sport regulation after the Bosman ruling. Journal of Contemporary European Research 1:42–58.Google Scholar
- Bitel N (2004) Salary caps: lawful, workable and imminent. Sport and the Law Journal 1:132 et seq.Google Scholar
- Boyes S (2005) Caught behind or following-on: cricket, the European Union and the ‘Bosman effect’. Entertainment and Sports Law Journal 3/1, available via http://www2.warwick.ac.uk/fac/soc/law/elj/eslj/.
- Buzzacchi L, Szymanski S and Valletti T (2003) Equality of opportunity and equality of outcome: open leagues, closed leagues and competitive balance. Journal of Industry, Competition and Trade 3:167–186.Google Scholar
- Dabscheck B (2004) The globe at their feet: FIFA’s new employment rules. Culture, Sport and Society 7:69–94.Google Scholar
- De Vries SA (2006) Tensions within the Internal Market: the functioning of the Internal Market and the development of horizontal and flanking policies. Europa Law Publishing, esp. pp. 189–198.Google Scholar
- Dobson S and Goddard JA (2001) The economics of football. Cambridge U.P.Google Scholar
- Drolet JC (2006) Extra time: Are the new FIFA Transfer Rules doomed? International Sports Law Journal 2006(1–2):66.Google Scholar
- Dubey JP (2000) La libre circulation des sportifs en Europe, Berne: Staempfli Editions/Brussels: Bruylant, esp. Ch. 5.Google Scholar
- Foster K (2005), Lex Sportiva and Lex Ludica: the Court of Arbitration for Sport’s jurisprudence. Entertainment and Sports Law Journal 3/2, available via http://www2.warwick.ac.uk/fac/soc/law/elj/eslj/.
- Greenfield S and Osborn G, eds (2000) Law and sport in contemporary society. Frank Cass Publishing, London.Google Scholar
- Hornsby S (2002) The harder the cap, the softer the law? Sport and the Law Journal, 10:142.Google Scholar
- Komninos AP (2004) Non-competition concerns: resolution of conflicts in the integrated Article 81 EC. University of Oxford Centre for Competition Law and Policy Working Paper (L) 08/05, available via http://www.competition-law.ox.ac.uk/competition/portal.php.
- Loozen E (2006) Professional ethics and restraints of competition. EL Rev 31:28.Google Scholar
- Mortelmans KJM (2001) Towards convergence in the application of the rules on Free Movement and on Competition. CMLRev 38:613.Google Scholar
- Nazzini R (2006) Article 81 EC between time present and time past: a normative critique of restriction of competition in EU law. CMLRev 43:497.Google Scholar
- O’Loughlin R (2003) EC Competition Rules and Free Movement Rules: An examination of the parallels and their furtherance by the ECJ Wouters Decision. ECLR 24:62–69.Google Scholar
- Odudu O (2006) The boundaries of EC competition law: the scope of Article 81. Oxford, Oxford University Press.Google Scholar
- Parrish R (2003) Sports law and policy in the European Union. Manchester University Press.Google Scholar
- Peers S and Ward A, eds (2004) The EU Charter of Fundamental Rights: Politics, law and policy. Oxford, Hart Publishing, Ch. 7.Google Scholar
- Rosen S and Sanderson A (2001) Labour markets in professional sports. 111 The Economic Journal 111:F47.Google Scholar
- Taylor J and Newton M (2003) Salary caps – the legal analysis. Sport and the Law Journal 11:158.Google Scholar
- Van den Bogaert S and Vermeersch A (2006) Sport and the European Treaty: a tale of uneasy bedfellows. EL Rev 31:821–840.Google Scholar
- Vermeersch A (2006) The European Union and the fight against doping in sport: on the field or on the sidelines? Entertainment and Sports Law Journal 4/1, available via http://www2.warwick.ac.uk/fac/soc/law/elj/eslj/.
- Weatherill S (1999) European Football Law. In Collected Courses of the 7th Session of the Academy of European Law, European University Institute, Florence, pp. 339–382.Google Scholar
- Weatherill S (2000), 0033149875354: Fining the organisers of the 1998 Football World Cup. European Competition Law Review 275–282.Google Scholar
- Weatherill S (2003), “Fair play please!”: Recent developments in the application of EC Law to sport. CMLRev 40:51, 80–86.Google Scholar
- Weatherill S (2005A) Anti-doping rules and EC Law, European Competition Law Review, 416.Google Scholar
- Weatherill S (2005B) Is the pyramid compatible with EC law? 2005/3–4 International Sports Law Journal 2005(3–4):3.Google Scholar
- Whish R (2003) Competition law. Butterworths, 5th edn, pp. 115–128.Google Scholar