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3 The sports policy subsystem Sabatier’s Advocacy Coalition Framework (ACF) proves a useful starting point for those wishing to conceptualise the EU as comprising a myriad of policy subsystems. Operating within these subsystems is a wide range of actors who attempt to steer policy in a direction compatible with their belief system. Sabatier’s broad concept of subsystem actors stresses the political nature of subsystem activity. Sabatier defines a policy subsystem as a ‘set of actors who are involved in dealing with a policy problem’ (Sabatier 1988: 138). The

in Sports law and policy in the European Union

established important principles concerning the relationship between sport and EU law.1 In the event, the lack of enforcement from the Commission limited the scope of these rulings. In Bosman, the principles established in previous case law were extended. As the Commission was more energetic in enforcing Bosman, so the ruling took on enormous legal significance for sport.2 The rulings in Deliège and Lehtonen, which placed some limit on the application of EU law to sport, took place in the context of an on-going political discussion within the EU on how to reconcile EU law

in Sports law and policy in the European Union

7 The future of EU sports law and policy A central objective of this text was to place some order on the seemingly random and ad hoc impulses of EU activity in the sports sector. The book claims that today’s EU sports policy has developed out of a policy tension within the EU. The tension between the Single Market regulatory impulses of EU activity in sport and the EU’s political policy objectives for sport has contributed to the birth of a EU sports policy defined by the construction of the separate territories approach. In other words a distinct legal approach

in Sports law and policy in the European Union

much consumer anger and political action. 5 Zero rating is ‘positive’ net neutrality violation involving not blocking, but treating some content better than general Internet traffic. As cable TV provides high definition and standard video and television channels at high fees in a separate logical pathway to the general Internet traffic on its cable, some telecoms companies hope to partition their

in Network neutrality
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well as Specialised Services, there remain serious research gaps in the analysis. These gaps were predictable five years ago but have only slowly been addressed, reflecting the political, economic and forensic uncertainty of net neutrality regulation. Table 9 summarises the date of introduction of net neutrality policy, its regulatory basis and the major cases dealt with by the

in Network neutrality

of behavioural ‘nudge regulation’ in Internet policy. First, I examine competition policy. Competition policy: origins and purposes It is worth reminding ourselves why competition policy exists: it was created to tackle the political and economic problems caused by monopolists abusing their dominance of certain trades, largely caused by the award

in Network neutrality

shortly thereafter, in September 2013. After its trashing by Parliament, Council and BEREC as both a power grab for the Commission and a political obituary for outgoing Commissioner Kroes, all that remained by the end of 2014 was mobile roaming and net neutrality. All other issues were parked until the 2016 Telecom Single Market proposal, which was in Regulatory Fitness and Performance Programme (REFIT) evaluation until

in Network neutrality

pronounced, case law precedents are thin. The third pressure is political. Although the Commission has been fairly successful in shielding itself from close member state control, it does not operate in an environment immune from the wider political context. The EU’s institutional agenda is very open and affords actors the opportunity to exploit a multiplicity of venues in order to influence policy. As such, once an item reaches the institutional agenda a range of actors can become involved in the policy debate. In the case of sport, not all have accepted the definition of

in Sports law and policy in the European Union

–12 This section explores European legislative and regulatory responses to net neutrality in more detail. US net neutrality reforms were to be followed slowly in Europe, in reform of its ‘Telecoms Package’ completed in 2009 and implemented from 2011. 43 This difference led many political scientists to investigate the dynamics of the debate in both the US and Europe. 44 European law upheld transparency on

in Network neutrality
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Neutrality, discrimination and common carriage

audiovisual networks. At the time of writing, it is not at all clear how regulators will react to the mass mobilisations of users in the US (2014), India (2015) and potentially Europe (2016). Political scientists will find this a challenging and illuminating area to study, but for regulatory lawyers it is enough to remark that competition law will not entirely meet this challenge, as I explore in Chapter 2 . A

in Network neutrality