This chapter analyzes the evolution of a distinct field of European sports law, shaped primarily by the jurisprudence of the Court of Justice of the European Union (CJEU). While international sports organizations like FIFA and UEFA have long claimed regulatory autonomy, the CJEU has consistently held that professional and commercial sport falls within the scope of EU law. Three phases of development are identified: In the first, the Court rejected any general exemption for sport, most notably in the Bosman case. In the second, the Court subjected even non-EU-based federations to EU rules where their decisions affect the internal market (Meca-Medina, ISU, Superleague). In doing so, it developed a framework of substantive and procedural requirements for legitimate sports regulation, emphasizing proportionality, transparency, and judicial review. In the current third phase, the focus has shifted to legal remedies. The Court now demands effective access to judicial protection within the EU legal system, questioning the exclusive reliance on the Court of Arbitration for Sport (CAS). The chapter concludes that EU law has emerged as a powerful force in sports governance, curbing excessive autonomy and reinforcing European values such as the rule of law and market integration.

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European Sports Governance and Law: A Policy and Legal Area That Is Not Just Emerging

  • Marc Bungenberg

摘要

This chapter analyzes the evolution of a distinct field of European sports law, shaped primarily by the jurisprudence of the Court of Justice of the European Union (CJEU). While international sports organizations like FIFA and UEFA have long claimed regulatory autonomy, the CJEU has consistently held that professional and commercial sport falls within the scope of EU law. Three phases of development are identified: In the first, the Court rejected any general exemption for sport, most notably in the Bosman case. In the second, the Court subjected even non-EU-based federations to EU rules where their decisions affect the internal market (Meca-Medina, ISU, Superleague). In doing so, it developed a framework of substantive and procedural requirements for legitimate sports regulation, emphasizing proportionality, transparency, and judicial review. In the current third phase, the focus has shifted to legal remedies. The Court now demands effective access to judicial protection within the EU legal system, questioning the exclusive reliance on the Court of Arbitration for Sport (CAS). The chapter concludes that EU law has emerged as a powerful force in sports governance, curbing excessive autonomy and reinforcing European values such as the rule of law and market integration.