Bosman - There and Back Again: The Legitimacy of Playing Quotas Under European Union Sports Policy

22 Pages Posted: 5 Nov 2011  

Simon Gardiner

affiliation not provided to SSRN

Roger Welch

affiliation not provided to SSRN

Date Written: November 2011

Abstract

The 1995 ruling of the European Court of Justice in Bosman was a pivotal point in the relationship between the European Union and sport. It has had an immense impact upon professional team sports, most notably football, in terms of liberalising the transfer system and abolishing player quotas. This paper will chart the development of a European sports law policy generally and will specifically discuss two current proposals concerning the reintroduction of playing quotas in football. We will examine the legality of these proposals with reference to Article 45 of the Treaty on the Functioning of the European Union and will evaluate the political context within which these proposals have been promulgated. It will be suggested that a possible solution, which should end legal uncertainty, could be the adoption of a collective agreement or directive based on the methodology of reflexive labour law.

Suggested Citation

Gardiner, Simon and Welch, Roger, Bosman - There and Back Again: The Legitimacy of Playing Quotas Under European Union Sports Policy (November 2011). European Law Journal, Vol. 17, Issue 6, pp. 828-849, 2011. Available at SSRN: https://ssrn.com/abstract=1955091 or http://dx.doi.org/10.1111/j.1468-0386.2011.00580.x

Simon Gardiner (Contact Author)

affiliation not provided to SSRN

No Address Available

Roger Welch

affiliation not provided to SSRN

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