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4 Sport and the European Court of Justice The ECJ is an important agenda setter. Court rulings play an important part in defining the content of the EU’s systemic agenda and the conditions under which an issue is transferred to the institutional agenda for active policy development. The ECJ’s line of reasoning in relation to sport has been developed within the context of a number of important institutional relationships. As such, the ECJ’s role in establishing the boundaries of EU sports regulation is not deterministic. In Walrave, Donà and Heylens, the ECJ
The increasing commercialisation of sport raises important questions concerning regulation. The development of the European Union (EU) and the internationalization of sporting competition have added an international dimension to this debate. Yet sport is not only a business, it is a social and cultural activity. Can regulation at the EU level reconcile this tension? Adopting a distinctive legal and political analysis, this book argues that the EU is receptive to the claim of sport for special treatment before the law. It investigates the birth of EU sports law and policy by examining the impact of the Bosman ruling and other important European Court of Justice decisions, the relationship between sport and EU competition law, focusing particularly on the broadcasting of sport, the organization of sport and the international transfer system, and the relationship between sport and the EU Treaty, focusing in particular on the impact of the Amsterdam and Nice declarations on sport and the significance of the Helsinki report on sport. This text raises questions concerning the appropriate theoretical tools for analysing European integration.
Union Act 2009 (entering into force on the same date as the Constitutional amendments (1 December 2009).95 Thirdly, modifications were effected to the Standing Orders of Dáil Éireann and Seanad Éireann.96 This section examines the cumulative effect of these three separate sets of provisions. Collectively, they had six objectives: (i) facilitating the Houses providing a reasoned opinion on why a draft EU measure violates subsidiarity; (ii) facilitating either House bringing proceedings before the European Court of Justice concerning alleged subsidiarity infringements
This chapter examines the political context of sports relationship with the European Union (EU). The 1994 Larive report links the active or passive participation in sport with the social and cultural identity of people. The Pack report reflects the more socio-cultural tendencies within the Parliament. The Television Without Frontiers (TWF) Directive goes against a trend in European sport favouring a free market in broadcasting. The Amsterdam Declaration added impetus to the socio-cultural agenda whilst equipping them with an additional institutional venue to exploit. The Helsinki report represents a continuation of Parliamentary thinking regarding the importance of extending the right of free movement to all EU citizens. Policy change is evident within the sports policy subsystem. The regulation of sport in the EU has been politicised. The European Court of Justice (ECJ) rulings/decisions are significant in that they mark the birth of an area of EU law called ‘EU sports law’.
This chapter discusses the concept of 'implementation' and highlights its complexity and dynamics, and the role of institutions therein. In addition to the fixers that exist at the national level, there are two institutional fixers at the level of the EU, namely the European Commission and the European Court of Justice (ECJ). The chapter draws on theoretical work on implementation in an effort to identify the precise role of central governments therein and the crucial requirement of the co-ordination of its activity. The differences between micro-implementation and macro-implementation are significant in terms of their functional exigencies as well as the interactions between actors who are involved therein. While micro-implementation is likely to focus on numerous examples of one aspect of a policy, macro-implementation concerns entire sets of such examples or even policy sectors and sub-sectors.
undercutting. Before undercutting can take place, the two governments involved are required to enter into consultations. As a Council Declaration, the Code agreement is only politically, not legally binding. And since it was agreed within CFSP, on the basis of Title V of the TEU, its implementation cannot be enforced by the European Court of Justice (Article 46 TEU). Thus no Community legislation on arms exports exists to date. And
international law (successive EU treaties from Rome, to Maastricht, Amsterdam, Nice and Lisbon), and (3) informal and incremental constitutionalisation, which de facto move the EU’s legal order towards a constitutional order without relying on EU treaty reform (such as European Court of Justice verdicts). Christiansen and Reh (2009) conclude that the process of formal and explicit ‘constitutionalisation’ failed
. 2012 . Interview with Eleanor Sharpston, https://www.com petitionlawinsight.com/Interview/interview-with-eleanor-sharpston-58965.htm. Daily Telegraph . 2009 . ‘Obituary of Lord Slynn of Hadley’ . 8 April. ECJ (European Court of Justice) . 1991 . Opinion 1/91 delivered pursuant to Article 228(1) of the Treaty [1991] ECR I-6079. Luxembourg: ECJ. ECJ (European Court of Justice) . 2017 . Opinion 2/15 delivered pursuant to Article 218(11) of the Treaty [2017]. Luxembourg: ECJ . European Commission . 2018 . ‘Draft Agreement on the Withdrawal of the United
front line of major political controversies and, in many instances, the full glare of publicity. This may be unearthing facts and attributing fault at the expense of eroding judicial independence. Society might or might not regard this as a risk worth taking if it provides an independent review of government decisions (Loughlin 2001: 41). The European dimension The development of the European Union (EU) is another example of how judges now appear to be at the apex of power. The European Court of Justice provides member states with a valuable means of resolving
sport has no place in the Treaty. Nevertheless, Article 3 does state that the EU is to establish an area where goods, persons, services and capital can freely circulate and where competition is not distorted. As an activity of undoubted commercial significance, sports bodies must therefore ensure that their activities do not contradict these Treaty provisions. As the European Court of Justice’s (ECJ’s) ruling in Bosman demonstrated, EU law can have a profound impact on sport. Although this brief explanation does not justify the label ‘EU sports law’, it does explain