EU Law and Sport

EU Law and Sport

„Sport is subject to the application of the acquis communautaire and European policies in a number of areas that already have a considerable and growing impact on sport“*

[*EU White paper on sport, July 11, 2007 (p.2)]

Sport is a field of competence of the Member States. However, as underlined in the EU White Paper on Sport, the influence of EU law in the field of sport is significant. Sport has over the years been influenced through the traditional fields of competence of the EU and the application of its fundamental principles: free movement of workers, internal market principles, competition rules, public health, environment policy, etc.
Two phenomena have increased the applicability of EU law to the sport sector:

  • The regular extension of the fields of competence of the EU with the successive reform Treaties (Maastricht, Amsterdam, Nice). In this context, the so-called “acquis communautaire” has significantly grown. It comprises primarily the Treaties, the legislation adopted in application of the treaties and the European Court of Justice’s case law. The Lisbon Treaty, as it includes an explicit reference to sport (art. 165), would further increase the applicability of EU law to the sport sector.

  • The development of the economic activity of the sport sector over the past two decades. The European Court of Justice often recalls, when referring  to sport, that “…sport is subject to Community law in so far as it constitutes an economic activity within the meaning of Article 2 of the Treaty…“ (Bosman Case, C415/93, ECJ ruling, December 15, 1995).

Among EU institutions, the European Court of Justice has played a major role. The Bosman case, and related jurisprudence, is a key example of how EU law has had an impact on sport. Furthermore, from its first decision in the field of sport in 1974 (Walrave) until recently (Meca-Medina, 2006), the European Court of Justice’s rulings have generally paved the way taken by EU institutions (European Parliament and European Commission) to tackle sport issues.

The European Commission, as guardian of the Treaties, has to make sure that sport actors (from Member States to clubs) respect EU law. The EU White Paper on Sport clearly illustrates how the EU deals with a variety of issues in the field of sport. It is also a first and comprehensive synthesis of the EU’s approach to sport. It helps sport stakeholders to measure properly the impact of the EU on sport. As and when the Treaty of Lisbon is ratified, the EU White Paper on Sport will also provide sports actors - EU institutions, Member States, sport organisations – with indications on how to better prepare a new EU competence in the field of sport.

Three areas in particular reveal the impact of EU law on sport: free movement of players, gambling issues and anti-doping policy. But the list is certainly much longer.