EU sports law: a uniform algorithm for regulatory rules

Pijetlovic, K (2017) EU sports law: a uniform algorithm for regulatory rules. International Sports Law Journal, 17 (1-2). pp. 86-100. ISSN 1567-7559

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Abstract

© 2017, T.M.C. Asser Instituut. In applying the EU economic provisions to the regulatory rules in sport, four different categories of “sporting exception” can be discerned in the jurisprudence of the Court. They include sporting rules that do not produce any economic effect, ‘purely sporting’ rules, inherent rules, and objectively justified rules. Based on the existing parameters of the EU sports law and policy, this article advances arguments in support of discarding the nuances in the Court’s analytical approach to sporting exception. Ordinary EU law, coupled by the concept of specificity of sport that is now included in Article 165(1) TFEU, already contains the all-encompassing, uniform analytical structure apt to accommodate all categories of regulatory rules in sports. In addition, the proposed uniform framework can be often be utilised to justify the challenged sporting rules in both internal market law and competition law, thus avoiding duplication of analysis. This is enabled by the high degree of convergence in their application to the rules of private regulatory bodies.