Open Access (free)

Series:

Richard Parrish

This chapter investigates the theoretical basis for European Union (EU) sports law and policy. The arguments forwarded by intergovernmentalists and neofunctionalists are reviewed. Hoffmann's obstinate nation state restricted itself to uncontroversial economic integration. Milward argues that the EU became an external support system for Europe's nations. Moravcsik's accounts of European integration focus on the preferences and power of the member states. Neofunctionalism remains clearly distinct from the intergovernmentalist camp in that neofunctionalism de-emphasises state capabilities in the regional integration process. Sabatier's Advocacy Coalition Framework (ACF) focus on competing advocacy coalitions within policy subsystems effectively captures the real nature of EU governance. He identifies a number of factors affecting the development of policy within a subsystem. The focus on the role of political institutions in shaping policy is the concern of new institutionalism. The interplay between actors and institutions creates policy-specific governance regimes within policy subsystems.

Open Access (free)

Series:

Richard Parrish

This chapter outlines the pre-Bosman environment where no sports policy subsystem operated. The emergence and composition of the pre-Bosman subsystem are reported. Additionally, it examines the institutional resources at the coalitions disposal. A belief in the primacy of negative integration is central to the deep core belief system of the Single Market coalition. Sport must abide by the fundamentals of European Union (EU) primary and secondary legislation. The socio-cultural coalition acknowledges that sport is not above the law. Not all sports bodies support the maximalists' agenda. Sabatier argues that competition between rival advocacy coalitions within the subsystem can generate policy change. Member state activity in sport has increased since Bosman. It is argued that compromise has been essential to the birth of EU sports law and policy. The birth of sports law is a tactic employed to avoid the use of legislation specifically directed at sport.

Open Access (free)

Series:

Richard Parrish

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.

Open Access (free)

Series:

Richard Parrish

This chapter outlines the legal context of sports relationship with the European Union (EU). The European Court of Justice (ECJ) rulings for Bruno Walrave, Gaetano Donà, George Heylens, Bosman, Christelle Deliège and Jyri Lehtonen receive particular attention. The ECJ has clearly established that sport is subject to EU law in so far as it constitutes an economic activity within the meaning of Article 2 of the Treaty. Article 39 covers the activities of private sports associations. The European Commission's attitude towards discriminatory practises in sport was somewhat contradictory. Article 39 covers any rules aimed at regulating employment in a collective manner. Sport is clearly subject to EU law and Article 39 is horizontally directly effective. Walrave and Donà served to widen the scope of the Treaty and afford greater protection to workers. Sport was transferred through a legal/regulatory venue involving a close relationship between the ECJ and the Commission.

Open Access (free)

Series:

Richard Parrish

This chapter explores the relationship between sport and European Union (EU) competition law. Article 82 provides guidance as to the types of agreement that might be considered abusive. Collective selling in sport has only recently been addressed by the Commission of the European Communities. The significance of the Commission's approach lies in their willingness to acknowledge the specificity of sport. Ticketing arrangements for major sporting events arguably falls between the exploitation market and the contest market. EU law goes some way to protect the right of free movement for players in the EU. Despite the split that emerged between FIFA, UEFA and FIFPro, the Nice Declaration offered football's governing bodies an ideal opportunity to secure a favourable settlement with the Commission. The use of soft law poses some important questions for sports relationship with the EU. The soft law sporting principles contained with the separate territories approach are legally fragile.

Abstract only

Series:

Leslie C. Green

In former times there was a tendency for a belligerent occupying enemy territory to annex that territory and treat it as part of his own. Territory is occupied only when it is actually under the control and administration of an Occupant and extends only to those areas in which it is actually able to exercise such control. The Occupying Power may extend his own law to the territory only if it is annexed and the transfer of sovereignty recognised. The relations between the Occupying Power and the population are regulated primarily by the terms of the Civilians Convention, which come into force from the time the area is actually placed under the Occupant's authority. The Occupying Power's competence to amend either the local civil or the penal law is not unlimited, and it should not introduce any regulation that suspends, extinguishes or renders unenforceable the legal rights of enemy subjects.

Abstract only

Series:

Leslie C. Green

The international law of armed conflict grants rights and imposes duties upon the non-participants, which are known as neutrals and the relevant legal regime as neutrality. Occasionally it is conceded that in certain circumstances a neutral may offer assistance to one of the belligerents on the basis of benevolent neutrality. A neutral has the right to permit belligerent troops to take refuge in its territory, but must intern them and prevent them from taking any further part in the conflict. If the neutral is a party to the Prisoners of War Convention, their treatment, if interned, must at least equal that required for prisoners of war. Subject to any regulations imposed by their government, neutral nationals may continue trading with either or both belligerents, but the articles involved are liable to seizure as prize.

Open Access (free)

Series:

Richard Parrish

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’.

Abstract only

Series:

Leslie C. Green

In peacetime, when diplomatic relations are broken off between two countries, or when one is not represented in the territory of the other, they should follow some practice for representations. The normal practice is for the unrepresented one to nominate a third state acceptable to the recipient to represent its interests and protect its nationals in the recipient's territory. Each of the 1949 Conventions contains specific articles relating to the powers and functions of the Protecting Power, while Protocol I, 1977, has greatly improved the machinery for the appointment of a Protecting Power and increased its functions. Information concerning protected persons in the hands of an adverse party is transmitted to the state on whom they depend through the Protecting Power and the Central Prisoners of War or Central Information Agency. According to the Civilians Convention the Protecting Power is instrumental in protecting civilians, especially those in occupied territory.

Abstract only

Series:

Leslie C. Green

A civilian head of state who is the commander-in-chief of his nation's forces becomes a prisoner of war if he falls into enemy hands. Responsibility for the treatment of prisoners of war rests upon the detaining power, although they may be transferred to the custody of another party to the Convention and even, in some circumstances, to a neutral power. Broadly speaking, the duties of the Detaining Power are the concomitant of the rights of prisoners of war. In addition, however, there are duties directly imposed upon them and controlling their freedom of action. Prisoners of war are subject to the laws, regulations and orders of the Detaining Power, but must not be punished for any act which would not have been punishable if committed by a member of that Power's own forces.