Sports Law, Policy & Diplomacy Journal (SLPD Journal) is aimed at researchers and practitioners and is dedicated to publishing articles that contribute to theoretical, methodological, and empirical knowledge in the complex field of law, public policy, and diplomacy in the sports system, as well as in other areas of social science focused on sports. Articles may be based on both quantitative and qualitative analyses; they may synthesise previous research; and they may discuss open questions in specific areas of the social sciences. The journal welcomes contributions that focus on different levels of analysis (from individual cases to small or large samples) and contexts (international, supranational, regional, and national levels; in the fields of law, political science, and diplomacy in sport). Each issue may also include an extensive section of book and projects reviews or events (conferences, seminars, summer/winter schools, etc.). The Journal collaborates with the Association for the Study of Sport and the European Union "Sport&EU" and one number of the journal is dedicated to papers presented at the Sport&EU annual conferences. The SLPD journal operates on the Diamond Open Access model, which means that the Journal does not charge author’s processing or publication fees. There are no fees to access the published papers, and authors retain copyright. The Journal is published twice a year (1st number: until September and 2nd number: until December) and uses the digital object identifier (DOI) for each paper as the persistent article identifier (PID). The Journal through its Publisher – University of Rijeka, Faculty of Law is a signatory of the UN SDG Publishers Compact, and it endorses SAGER recommendations. The average number of weeks between article submission & final publication in the full number of the Journal (including all phases of the reviewing, copyright and publication process) for the Vol. 1 – Vol. 3 was 9,2 weeks. Indexed in: - SURF (German Federal Institute of Sport Science - Bundesinstitut für Sportwissenschaft) database - Idrottsforum.org (Malmö University, Sweden) - HRČAK (Portal of Croatian Scientific and professional journals) - HeinOnline.org - ERIHPLUS (index containing bibliographic information on academic journals in the humanities and social sciences (SSH)
THE FAILURE OF THE CJEU AND THE COMMISSION TO SUPPORT FOOTBALL CONSUMERS, AND THE NEED FOR A EUROPEAN SPORTS ACT
In its rulings on Bosman, Diarra, and the European Super League, the Court of Justice of the European Union has overlooked competition in consumer markets, to the detriment of football fans and small clubs. The European Commission has also been weak in enforcing competition law in football consumer markets. To rectify this, the Commission should apply competition law more rigorously. In the long run, a European Sports Act could further enhance consumer market competition, while also improving the sports ecosystem more broadly.
Copyright (c) 2026 Tsjalle van der Burg https://creativecommons.org/licenses/by/4.0
Copyright (c) 2025 Vanja Smokvina, Richard Parrish, Borja Garcia Garcia https://creativecommons.org/licenses/by/4.0
SPORTS, GENDER, AND DIPLOMACY IN SOCIALIST YUGOSLAVIA
This article examines the intersection of gender, power, and sport in socialist Yugoslavia from the post-Second World War period through the emergence of self-management, a transformative era across political, social, and cultural spheres. By situating sport within broader ideological, institutional, and diplomatic frameworks, the article highlights how it functioned both as a tool for nation-building and as a site of gendered inequality. Despite formal claims of inclusivity, women’s participation remained constrained, reflecting persistent patriarchal structures in athletic and societal domains. The underrepresentation of women in sport corresponded to their marginalization in diplomatic arenas, as sporting success was leveraged to project Yugoslavia’s international prestige and influence. Drawing on historical institutionalism, this paper illustrates how Yugoslavia’s sport governance structures reproduced gender hierarchies, while also illuminating the socio-political contradictions of socialist modernization. The study integrates structural, cultural, psychological, and policy-related factors to provide an understanding of women’s constrained roles in Yugoslav sport and diplomacy.
Copyright (c) 2026 Silvija Mitevska, Marko Begović https://creativecommons.org/licenses/by/4.0
MANY A LITTLE MAKES A MICKLE: LESSONS FROM NEGOTIATING ATHLETES’ SOCIAL PROTECTION FOR STRENGTHENING SOCIAL DIALOGUE IN SPORT
The social protection of elite athletes in Olympic sports constitutes a salient human rights issue. This article elucidates the outcomes and processes of a three-year Erasmus+ Sport project (SOPROS) aimed at assessing, evaluating, and implementing athletes’ social protection. The project relied on a participatory methodology and assembled national academic as well as transnational policy partners in its consortium. The aim of this article is to reflect on the three-year process of internal project work and stakeholder consultation in order to derive lessons for strengthening social dialogue and structured negotiation in sport governance. Based on the experiences of the authors in coordinating the project and participating in its negotiation-based formats, as well as on data generated throughout various project activities, we establish a three-dimensional model of preconditions for strengthened social dialogue and meaningful negotiations in sport. As these preconditions are significantly intertwined, positive developments in one area may trigger advances in all other dimensions, thereby enabling new and strengthened forms of collective efforts. We posit that, while narrow in scope and reach, the project and its main learnings may add to the current momentum towards a more equitable governance of sport based on processes of co-determination and social dialogue.
Copyright (c) 2025 Maximilian Seltmann, Lorenz Fiege https://creativecommons.org/licenses/by/4.0
REGULATING SPORT AFTER SUPERLEAGUE: COMPETITION, GOVERNANCE, AND THE SOCIETAL DIMENSION OF MEDIA RIGHTS IN THE EU AND THE ITALIAN FRAMEWORK
The Superleague judgment marked a pivotal moment in the evolution of EU sports regulation, prompting a renewed examination of how competition law interacts with the governance and societal functions of sport. This article explores the implications of the judgment for the regulatory framework governing sport in Europe and Italy, with particular attention to the treatment of media rights as a vehicle for financing sport’s broader social mission. While media rights represent a crucial source of revenue, their allocation and exploitation cannot be understood solely through the lens of market power or commercial efficiency. Instead, they sit at the intersection of competition law, sporting autonomy, and the principles of solidarity and competitive balance that underpin the European sports model. By integrating EU-level jurisprudence with national regulations, the article argues that the case law provides an opportunity to strengthen a coherent regulatory approach that balances commercialisation with public-interest objectives.
Copyright (c) 2025 Andrea Cattaneo, Emanuele Indraccolo https://creativecommons.org/licenses/by/4.0
THE DUAL MANDATE OF SPORTS AGENTS: A COMPARISON OF NATIONAL AND INTERNATIONAL REGULATIONS
The dual mandate of sports agents constitutes a paradigmatic instance of the normative tension between autonomy and systemic unity within the broader legal order governing professional sport. This contribution undertakes a comparative analysis of the regulatory treatment of dual representation under both national and international instruments, with specific reference to the Italian legislative framework (Legislative Decree No. 37/2021 and FIGC Regulations 2025) and the FIFA Football Agent Regulations 2025 (FFAR 2025). The inquiry is premised upon the conception of sports law not as an autonomous or self-contained legal order, but as a specialised sector integrated within the general legal system, characterised by a multi-level structure encompassing state, federal, and international sources. Within this systemic configuration, the Italian model adopts a functional and proportionate approach: dual representation is permissible subject to stringent safeguards of informed consent, disclosure, and conflict-of-interest management. By contrast, the FIFA framework, animated by considerations of transparency and integrity, enshrines a general prohibition on dual mandates, save for narrowly construed exceptions that render its practical application residual. This comparative examination reveals not merely a divergence in regulatory technique but a deeper antinomy between distinct normative rationales. The Italian framework, grounded in private autonomy and proportionality, privileges contractual freedom within a regime of procedural transparency. On the other hand, the FIFA model, conversely, embodies a preventive and prohibitive logic, privileging integrity over autonomy. The coexistence of these divergent paradigms engenders regulatory asymmetry and legal uncertainty, particularly in cross-border transactions that typify the football industry, thereby undermining both market efficiency and systemic coherence. In light of these findings, the paper advocates for a harmonised European regulatory intervention aimed at reconciling the principles of integrity, transparency, and contractual autonomy. Such harmonisation may be pursued either through an internal recalibration of the FFAR or through the enactment of a “European Sports Act” grounded in Article 114 TFEU, which would provide a uniform and binding normative framework. Ultimately, the establishment of a proportionate and coherent European discipline on dual representation constitutes not merely an instrument for enhancing the governance of sport, but also a necessary condition for safeguarding the unity and internal consistency of the European legal order as a whole.
Copyright (c) 2025 Simone Landi https://creativecommons.org/licenses/by/4.0
Copyright (c) 2025 Vanja Smokvina https://creativecommons.org/licenses/by-nc-nd/4.0
SAUDI ARABIA'S STRATEGIC USE OF SPORT IN THE FORGING OF A NEW NATIONAL IDENTITY
Instability in the Middle East has been on the rise in the first two decades of the century due to the power void created by the American invasion in Iraq, the geopolitical confrontation between Iran and Saudi Arabia, and the Arab Spring. For the Sunni Kingdom, this has meant that the core of the Royal Family’s legitimacy has been in permanent tension, menacing the continuity of the Saudi model and the homogeneity of the Saudi nation. At the same time, the securitarian bond with the West, key for sustaining the Al-Saud grip on power, has eroded as a result of the growing incapacity of Saudi Arabia to fulfill the role of regional stabilizer. In response, the Saudi political elite, led by Crown Prince Mohammed bin Salman, has directed all their efforts on the Saudi Vision 2030, the most recent national development plan that aims to diversify the economic apparatus and shield the Al-Saud legitimacy. This article aims to demonstrate, through a multidimensional lens, how the strategic use of sport under the Vision 2030 programme has been designated by the de facto ruler of the Kingdom of Saudi Arabia as a catalyst for the modernizing and nationalist agenda, shaping the new national identity. While the new nationalistic drive of the Saudi Vision 2030 has been covered by several scholars, how sports have been articulated to be useful for this narrative and how they have influenced the fluid and everchanging nature of the Saudi nation remains a void in the literature that this article seeks to partially fill. A constructivist approach, anchored in the theoretical works of Alexander Wendt, is suitable to observe how the strategic use of sport has been leveraged as a platform for the extrapolation of the content of the Saudi nation, presenting itself as a modern, moderate, proud and diverse country in order to alter the identitarian structure with a securitarian ally as the West. Furthermore, the investigation of the extrapolation of this new national identity, a more covered area, through a constructivist lens aims to theoretically enrich the debate over Saudi Arabia’s strategic use of sport.
Copyright (c) 2025 Lenny Favre https://creativecommons.org/licenses/by/4.0
SOCIAL ANALYSIS IN THE MEDIA COVERAGE OF SPORT
The range of sport-related topics that become news has considerably expanded over the past few decades, including a notable increase in the coverage of off-field subjects. Yet media coverage tends to focus on a small number of topics, few when compared to the variety of sport-related matters worth attention. The paper explores whether the press coverage of sports reflects the full extent of the sporting phenomenon. More specifically, it assesses the place for social analysis in the media coverage of sport. Sport impacts society in multiple ways. How frequently and in what ways are these impacts covered by the media? A new taxonomy of 21 topics and 131 subtopics of social relevance to media sport was developed for the purposes of this investigation. The new taxonomy, intended for use to examine any type of media, was tested on a sample of Italian print newspapers. Data on the coverage of the social dimension of sport were collected, using the new taxonomy, through the content analysis of 6,501 newspaper pages from five different artificial timeframes and a combined period of 28 days, spanning from September 2018 to April 2020. The sample included both general-interest and sports newspapers, allowing for the additional analysis of coverage differences based on the type of press. Although the importance of the research endeavour was on defining the tool (taxonomy) rather than the results of the test, the analysis of the selected corpus yielded preliminary findings worth sharing on how news media cover the social aspects of sport. The newly developed taxonomy, or matrix, lays the foundations for further research in various directions, including examining the social analysis of sport in digital and audiovisual media, non-daily news reporting, long-form journalism, the local press, citizen journalism, and other journalistic ecosystems.
Copyright (c) 2025 Rosarita Cuccoli https://creativecommons.org/licenses/by-nc-nd/4.0
WHISTLEBLOWER PROTECTION IN CASES OF MANIPULATION OF SPORTS COMPETITIONS: FRENCH LEGAL PERSPECTIVES FOLLOWING THE MOTIVACTION PROJECT
Various tools exist to report the manipulation of sports competitions, yet stakeholders still rarely report. This article examines the French legal framework applicable, or partially applicable, to whistleblowers in cases of sports manipulation, focusing on the “Sapin II” Law (Law No. 2016-1691), its 2022 reform (“Waserman” Law No. 2022-401), and sport-specific provisions in the Sports Code, including anti-doping rules. This article proposes legal improvements tailored to the sports ecosystem: extending protection to all sports actors regardless of employment status; designating sports-integrity “facilitators;” creating a unique sports-specific external reporting pathway that clearly covers all integrity issues; strengthening remedies; and clarifying confidentiality and anti-reprisal guarantees. These reforms aim to increase trust and the practical use of reporting channels, thereby strengthening integrity in French sport.
Copyright (c) 2025 Clémence Cathelain-Collon, Pim Verschuuren, Jacek Potulski https://creativecommons.org/licenses/by/4.0
SPORT FACILITIES AS DRIVERS OF ENVIRONMENTAL LEGACY AND SUSTAINABILITY
As is known, the European Union plays an active part in defining the objectives of the 2030 Agenda and the Paris Agreement. Through the 2019 Green Deal, it assigns primary importance to environmental protection, placing sustainability among the pillars of the 2019-2024 and 2021-2027, gathering initiatives on climate change, energy production from renewable sources and transitioning to a zero-emission economy. A crucial role within these objectives shall be attributed to the EPBD. The revised Energy Performance of Buildings Directive (EU/2024/1275) entered into force in all EU countries on 28 May 2024 with the goal to increase the rate of renovation in the EU, particularly for the worst-performing buildings in each country. Among the different categories of buildings, sport facilities must be taken into consideration. The EPBD includes sports facilities as part of the buildings covered by its regulations, aiming to improve energy efficiency and reduce greenhouse gas emissions. This research will analyse these issues. Beginning with the bad practice example set by Italy, it will focus on the long-term infrastructure impact, community engagement, and resource management. These three themes will form the core of the research, examined at the EU level and internationally. From an international perspective, particular attention will be given to the Kazan Action Plan and its aim to link sport policy development to the 2030 Agenda of the United Nations. Throughout the research, the conclusion will assess whether the final result of a real environmental legacy can be achieved through better regulation and harmonisation or by extending existing rules on sports facilities. The aim is to explore and better define the importance of regulating the so-called post event use.
Copyright (c) 2025 Pierludovico Arnese https://creativecommons.org/licenses/by-nc-nd/4.0
DEVELOPMENT OF SPORTS POLICY INTHE REPUBLIC OF NORTH MACEDONIA
In the Socialist Republic of Macedonia, physical culture was an integral part of cultural and social policies, dominantly structured, planned, and implemented by the public sector and closely aligned with the sports movement. With the decline of former Yugoslavia and the self-management system, North Macedonia aimed to develop a more autonomous sports system, transitioning from the interventionist model of organizing and financing sports (a model found in most post-socialist social systems) to a non-interventionist model (a model found in the classic capitalist social systems of Great Britain and the United States of America). This was perceived as an excellent opportunity for redefinition and improvement in all its segments: games, results, structure, and management. That said, this paper aims to provide an overview of the key phases of sports policy development.
Copyright (c) 2025 Ivan Anastasovski, Marko Begović, Lazar Nanev https://creativecommons.org/licenses/by-nc-nd/4.0
THEORETICAL OVERVIEW OF SPORTS LAW WITH EMPHASIS ONSPECIFIC ROMAN LAW PROVISIONS
This work aims to elaborate on examples of legal provisions regarding sport activities in ancient Rome, due to the scarcity of literature in this domain. The analysis is focused on various institutes related to sports activities, liability, gambling, and privileges of athletes (reparatio damni, culpa, pecunium ludere, excusationes voluntariae) found in Justinian’s Digest and the Codex. Provisions from Byzantine legal sources, including the Codex Theodosianus, are also examined. A comparison between the quod bonum et aequum principle and the contemporary fair play is included. The applied methods include normative, comparative, and historical. Several conclusions are articulated concerning the importance of the Roman law framework for modern sports law challenges within the European legal context.
Copyright (c) 2025 Goce Naumovski https://creativecommons.org/licenses/by-nc-nd/4.0
A REVIEW OF DOPING IN SPORTS: INDIA AND THE WORLD
Doping is a critical facet within the realm of competitive sports that have garnered substantial attention from athletes, researchers, and sports organizations alike. This research paper delves into the intricate relationship between doping and sports injuries, examining the legal and ethical challenges arising from their interplay. The objective is to critically analyze the multifaceted dimensions of this complex issue and provide insights into potential legal frameworks and ethical considerations. The paper begins by briefly exploring the prevalence and consequences of sports injuries, highlighting their impact on athletes' physical well-being, career prospects, and overall societal perception of sports. It further investigates the factors contributing to these injuries, including the role of intense competition, inadequate safety measures, and technological advancements that push athletes to their limits. Next, the paper shifts its focus to doping in sports, investigating the various forms of performance-enhancing substances and methods employed by athletes. It examines the ethical implications of doping, such as the unfair advantage it creates, potential harm to athletes' health, and the erosion of the fundamental principles of fair play and sportsmanship. The research then delves into the existing legal framework governing sports injuries and doping. It critically analyzes international regulations and national laws, emphasizing the challenges faced in effectively enforcing anti-doping measures and ensuring athlete safety. Moreover, it explores the role of sports governing bodies, athletes' unions, and the judiciary in addressing these issues. Furthermore, the paper highlights key cases and legal disputes related to sports injuries and doping, discussing their implications for athletes, sports organizations, and legal systems. It examines the principles of liability and accountability, considering the responsibilities of athletes, coaches, medical personnel, and sports authorities in preventing injuries and curbing doping practices. Lastly, the research paper provides recommendations to address the legal and ethical challenges posed by sports injuries and doping. It proposes potential strategies to strengthen anti-doping measures, enhance athlete safety, and strike a balance between fair competition and protecting athletes' health. By examining the existing legal framework and proposing practical recommendations, it aims to contribute to the ongoing discourse on safeguarding the integrity of sports while prioritizing athlete’s well-being.
Copyright (c) 2025 Atul Pal https://creativecommons.org/licenses/by-nc-nd/4.0
Copyright (c) 2024 Vanja Smokvina; Richard Parrish, Borja Garcia Garcia https://creativecommons.org/licenses/by-nc-nd/4.0
THE MACCABIAH AS A NEW SPORTS DIPLOMACY INSTRUMENT
This article examines the Maccabiah Games as a unique case study of new sports diplomacy, analyzing how this non-state sporting event functions as a significant soft power resource for Israel, while operating largely independently of state control and financing. Through analysis of historical documents, legislative frameworks, and policy decisions, we investigate the complex relationship between the Israeli state and the Maccabiah Games, which has evolved since its inception in 1932. We argue that while the Games serve as Israel’s primary sporting diplomatic vehicle and enhance its international image, they operate primarily through private and civic networks rather than state direction or consistent financial support. This creates an interesting paradox: the Games’ independence from state control allows the sports community to maintain autonomy in pursuing its goals, yet this same independence results in minimal state investment, shifting the financial burden onto participants and the Jewish sports community. Despite the Games’ significance in promoting Jewish immigration and strengthening ties with the diaspora, Israel lacks a coherent legal framework or consistent funding mechanism for this quadrennial Olympic competition. While state officials regularly participate in ceremonial aspects and leverage the Games for public diplomacy, concrete institutional support remains limited. This situation reflects both Israel’s broader underinvestment in sports infrastructure and its tendency to prioritize hard power over soft power resources. The findings contribute to the theoretical understanding of new sports diplomacy by demonstrating how non-state actors can successfully operate major international sporting events that serve national diplomatic purposes, even without substantial state support. The Maccabiah case illustrates the evolving nature of sports diplomacy, where traditional state-centered approaches are increasingly complemented or replaced by more independent, community-driven initiatives that nonetheless advance national soft power objectives.
Copyright (c) 2024 Sophia Solomon, Sharon Pardo, Hila Zahavi https://creativecommons.org/licenses/by-nc-nd/4.0
The article provides an overview of the development of the sport ecosystem and sport-related policies in Romania. It represents the first venture to understand dynamics associated with historical evolution, and despite Romania’s EU membership, it struggles to implement numerous needed reforms resulting in stagnation rooted in institutional memory. Following the presentation of historical development, the paper is structured to describe major institutional actors, including those from the public sector and sport movement, as well as their interrelationship including the major trends discussed. The added value of this paper represents a collaborative partnership incorporating both insider and outsider perspectives to offer a comprehensive understanding and presentation of the development of sport policy in Romania. In conclusion, Romanian sports remain strongly shaped by the strong institutional memory developed during the communist era.
Copyright (c) 2024 Andrei Antonie, Marko Begovic, Simona Petracovschi https://creativecommons.org/licenses/by-nc-nd/4.0
AN INSIDE LOOK AT THE FRENCH FOOTBALL FEDERATION’S WOMEN’S FOOTBALL DIPLOMACY PROJECT WITH IRAQ: INSPIRING EVERY GIRL IN IRAQ TO PLAY FOOTBALL
This article examines the French Football Federation’s women’s football diplomacy initiative with Iraq as an example of a type of integrative sports diplomacy that empowers the sports world, and those they serve, in new ways. The effort, driven by a non-state sporting actor with support from the French state via its Ministry of Europe and Foreign Affairs’ sports diplomacy approach, demonstrated sports diplomacy’s short-term “wins” like changing people’s minds, cultural engagement, and sharing technical expertise through sports, creating the possibility of new opportunities, and offering different incentives for the sports world to engage.
Copyright (c) 2024 Lindsay Sarah Krasnoff, Daniel G. Kelly II https://creativecommons.org/licenses/by-nc-nd/4.0
PLACING ATHLETE RIGHTS AT THE HEART OF GOOD GOVERNANCE IN SPORT: LEVERAGING IDEATIONAL POWER, DEMOCRATISING GOVERNANCE
“Good governance” and “athlete rights” are two central ideas in today’s governance of sport. A multitude of actors from different horizontal and vertical governance levels shape the discourse surrounding these ideas. Following Vivien Schmidt’s seminal work on discursive institutionalism, we analyse the ideational power of the two ideas and the characteristics of their underlying discourses within the context of international sport governance. Our analysis highlights that several similarities between the ideas and their related discourses prevail. Yet, the two discourses exist, for most parts, separately with no systematic conceptual connection between the two ideas. Informed by an analysis of academic literature and policy documents within and beyond the area of sport governance, we argue that this is a conceptual shortcoming, which fails to capitalise on the power resting in each idea and, more importantly, in their combination. We suggest that a systematic merger of the two discourses in terms of the adoption of a rights-based approach to good governance may not only democratise the good governance discourse and better justify its widespread normative notion, but that it may also enhance the ideational power of athlete rights and, in practice, become a key to rights implementation for the benefit of athletes.
Copyright (c) 2024 Maximilian Seltmann, Lorenz Fiege https://creativecommons.org/licenses/by-nc-nd/4.0
DISTRIBUTION AND ANALYSIS OF THE AUTONOMY OF SPORTS IN THE EGYPTIAN LEGAL SYSTEM
This paper presents a descriptive and analytical examination of the elements of sports independence in the Egyptian legal system. It includes the texts of legal articles that address the elements of sports independence, such as the competence of general assemblies of sports bodies to set their regulations, texts ensuring non-interference of government agencies in the affairs of sports bodies (except for what relates to governance, financial corruption, and crimes), and texts resorting to sports arbitration rather than the state judiciary. Furthermore, the paper also focuses on articles of the unified financial regulations that were issued to implement the elements of sports bodies’ governance in the absence of these elements in sports law. The analysis includes rulings of various judicial bodies in the Egyptian system by presenting landmark decisions in selected cases. The analysis of rulings issued by the Egyptian State Council (Administrative Judiciary), the Court of Appeal, and the Court of Cassation, as well as the rulings of the Egyptian Supreme Constitutional Court is introduced. It comprises a ruling on the unconstitutionality of part of Article 69 of the Sports Law related to the Egyptian Olympic Committee setting the regulatory frameworks for the Egyptian Sports Settlement and Arbitration Center, leading to the fall of the center’s regulatory frameworks. Additionally, the ruling of the Egyptian Supreme Constitutional Court on a jurisdictional conflict is discussed including the previous ruling on the unconstitutionality of the text (Article 69) deeming the Sports Arbitration Center non-existent and calling for a legislative amendment to resolve the matter.
Position of the Egyptian judiciary on sports arbitration
Copyright (c) 2024 Ahmed Saad Mohamed Hussein https://creativecommons.org/licenses/by-nc-nd/4.0
Copyright (c) 2024 Vanja Smokvina, Borja Garcia Garcia, Richard Parrish https://creativecommons.org/licenses/by-nc-nd/4.0
‘Sporting merit’ played a central role in the judgments of the Court of Justice of the European Union (CJEU) in European Super League Company and Royal Antwerp, However, the concept has been undertheorised, and its role in the so-called ‘European sport model’ (‘ESM’) has been understudied. This article seeks to address this literature gap by understanding both the meaning and role of ‘sporting merit’ in EU law. It begins by analysing the Court’s use of ‘sporting merit’ in its recent case law, arguing that the concept has become a cornerstone of the ESM. It then attempts to conceptualise ‘sporting merit,’ arguing that there are two possible ways to define this concept: a ‘static’ one, which prioritises the reward of immediate sporting achievements; and a ‘dynamic’ one, which places a greater emphasis on the promotion of long-term competitive balance. To understand the respective implications of these definitions, this article then explores how sporting merit is approached in both Europe and the USA. It argues that, whereas the ESM places a greater emphasis on the ‘static’ understanding of sporting merit, its North American counterpart embraces a ‘dynamic’ approach thereto, for example through financial redistribution and through sport-related corrective mechanisms such as draft systems. Building on the above, this article queries whether – and if so how – such corrective mechanisms could be incorporated into the ESM; whether doing so would lead to a more coherent approach to the promotion of ‘sporting merit,’ and whether it would be more in line with Article 165 TFEU.
Copyright (c) 2024 Guillermo Íñiguez https://creativecommons.org/licenses/by-nc-nd/4.0
REFUGEES IN EUROPEAN GRASSROOTS FOOTBALL: FROM ASSUMPTIONS TO EVIDENCE
Since 2015-2016, when the European continent underwent an unprecedented peak in demands for asylum, grassroots football clubs have been at the forefront in offering refugees a place of first contact with their new host society. The perception of the impact that their initiatives may have had on their target population is however almost exclusively based on some widely shared basic assumptions drawn from anecdotal evidence and, marginally, on a small body of literature grounded in local studies of ethnographic nature. The article recapitulates the inception and implementation of an original mixed-method research survey within the framework of two successive practice-oriented projects led by civil society actors and supported by the ERASMUS+ Sport funding scheme. Following a literature review, it describes the survey design, analyses the findings, and discusses the added value and limits of this research focused on the principal target group of volunteers in European grassroots football.
Copyright (c) 2024 Albrecht Sonntag, Derya Göçer, Özgehan Şenyuva https://creativecommons.org/licenses/by-nc-nd/4.0
CHILDREN AND SPORTS: THE RIGHT TO ENGAGE IN PLAY AND RECREATIONAL ACTIVITIES
Every child has the right to play. Sports, therefore, play a valuable role in children’s development and growth. Starting from Article 31 of the UN Convention on the Rights of the Child, numerous other international, supranational, and national legal sources define children’s right to play sports with the purpose of developing their whole personality. Indeed, sports allow children to engage in the exercise necessary for correct psychophysical development; improve children’s social inclusion, and aim to offer equal opportunities to all children in promoting their social life. The right to engage in play and recreational activities is an important right of every child, which must be exercised taking into account the right to health, as well as the possibility to rest and the choice “not to become a champion at all costs,” likewise other important children’s rights that will be analysed in the paper. It will also reflect on the moment when recreational sports turn into competitive sports, where competitive dynamics make the appreciation of the protection of children’s rights much more complex. Considering the central role played by parents and trainers in ensuring that children practice sports in a manner most appropriate to their balanced psycho-physical development, the best interests of child will be considered in relation to the abovementioned demanding dynamics of competitive sport. The aim of this paper is to investigate whether fundamental rights are respected in sports activities involving children, trying to raise awareness of the position of minor athletes in the world of sports since they are particularly vulnerable and in need of protection.
Right to Engage in Play and Recreational Activities
Copyright (c) 2024 Sandra Winkler https://creativecommons.org/licenses/by-nc-nd/4.0
SPORT GOVERNANCE AND EU LAW: THE TIMES THEY ARE (FINALLY !) A-CHANGIN’
The Times They Are A-Changin': At last, change is a reality for sport governance in Europe, due to the resolute approach of the CJEU in recent high-profile "sport" cases. This article highlights key points from the three judgments of 21 December, 2023 and underlines some of the cardinal points of ongoing cases related to EU law applied to sport, and, particularly in sport governance. In short, through the orthodox enforcement of competition law and fundamental freedoms (and likely also fundamental rights in the near future), the CJEU imposes a strong democratic control on sports regulators. National courts - recentred of the game by the ISU ruling and guided by the Antwerp ruling - have the task of making this control fully effective. In short, no more "sports washing."
Principle of Effective Jurisdictional Protection in Sport
Copyright (c) 2024 Jean-Louis DUPONT https://creativecommons.org/licenses/by-nc-nd/4.0
THE DEVELOPMENT OF SPORTS POLICY IN SLOVAKIA
The article provides the first overview of the sports ecosystem and the development of sports policy in Slovakia. It reviews how sports policy has evolved across different periods and under varying political structures. The paper is organized around specific policy areas, linking the historical overview, major sports actors, and main strategic directions into a cohesive structure. In addition, major trends and challenges are discussed. The funding scheme will be elaborated thoroughly as it represents both a complex process and a contribution to the uniqueness of the sports ecosystem in Slovakia. The concluding remarks indicate a lack of coordination at the horizontal level within the public sector and in efforts to coordinate with the sub-national level in utilizing available resources for the development of sports in Slovakia.
Copyright (c) 2024 Michal Varmus, Marko Begovic, Martin Mičiak, Michal Šarlák, Milan Kubina https://creativecommons.org/licenses/by-nc-nd/4.0
A COMPARISON OF ESPORTS INTEGRITY POLICIES AND PROGRAMS TO THOSE OF TRADITIONAL SPORTS
The esports landscape is quite different from traditional sports. However, both aim to protect the integrity of their sports and have put integrity policies and programs in place. This article analyses integrity policies and programs in esports and draws a comparison to traditional sports to the extent possible. In this respect, competition manipulation and doping have been identified as the most comparable integrity threats.
Copyright (c) 2024 Erika Riedl https://creativecommons.org/licenses/by-nc-nd/4.0
Copyright (c) 2023 Vanja Smokvina; Borja Garcia Garcia, Richard Parrish https://creativecommons.org/licenses/by-nc-nd/4.0
REFLECTIONS ON THE 2023 SPORT&EU ANNUAL CONFERENCE
Copyright (c) 2023 Borja Garcia Garcia https://creativecommons.org/licenses/by-nc-nd/4.0
THE EUROPEAN SPORT MODEL: A MODEL TO DEFEND
The contradictory positions taken by the European institutions on the European Sport Model have demonstrated the difficulty of understanding such a model for decades. The existing conflicting situations show that the specificity of sport is struggling to play its role in protecting European sport. It, therefore, seems legitimate to ask the question of how to defend the European sport model, especially in the context of heterogeneous legislation and organisational models for sports within European countries. The aim of the article is, above all, to demonstrate that the European model emanates from a vision based on fundamental values that must take sport beyond the mere consideration of economic activity. As such, one of the challenges lies in maintaining the interactions between the different levels of the pyramid.
Copyright (c) 2023 Jean-François Brocard, Alaphillipe Nathalie https://creativecommons.org/licenses/by-nc-nd/4.0