POLICY, EUROPEAN SPORTS LAW AND LEX SPORTIVA
- Detalles
- Categoría: Doctrina Derecho Europeo, Transfronterizo del Deporte
- Fuente: Marios Papaloukas
Marios Papaloukas
Assistant Professor of Sports Law
University of Peloponnese ( www.uop.gr )
ABSTRACT
As a result of the commercialisation of sports, the number of sports cases that
were brought before the courts for a ruling, increased. At first it appeared that
commercialisation was the only reason that the European Court of Justice (henceforth
ECJ) issued a number of decisions that treated sports as an economic activity, the
truth however is that inside the European Union (henceforth EU) there are different
coalitions that support different policies. The ECJ’s decisions and the legally binding
documents issued by the EUs’ institutions concerning sports, which can be called
European Sports Law, represent merely the outcome of the debate between these
different policy coalitions inside the EU. However, even if according to the Lisbon
Treaty, the european institutions will have to recognize the «specificity of sport», this
does not mean that European Sports Law can be included in the autonomous,
independent, supranational legal order that is called Lex Sportiva.