International Law

Submission 1/2008 by Mariia MATSEPA

By jcdw

« Football and The Free Movement of Workers »
Abstract

Mariia Matsepa’s article examines the free movement of workers within the framework of a specific example, that of football. The author initially states under what conditions this sport is subject to Community law and, using typical cases, defines the modalities for its implementation. Football is from this point of view an economic activity in its own right. The rules of international associations such as the UEFA and the FIFA, and more specifically the rules touching upon transfers can stimulate or restrict contracts between clubs, the provision of services and consequently the movement of players. Moreover, it is important to point out that the football can fall under the application of competition law, especially with regard to the transfer rules and regulations imposed by the FIFA and the UEFA.

Therefore, the underlying question is which sports rules fall within the scope of Community law? Traditionally a distinction is made between a genuine sports rule and economic activity. On this point the author presents the possible consequences of the Meca-Medina judgment (E.C.J., C-519/04) according to which even genuine sports rules, under certain conditions, can fall within the scope of the Treaty. This case represents a real change considering the Court of first instance?s Piau reasoning (C.F.I., Piau, T-193/02), according to which sports rules are foreign to the notion of economic activity, and thus are not subject to articles 39 and 49 EC. Consequently the author shows that it is now possible to assume that the dichotomy sports/economy will not always be required in assessing the applicability of Community law to sports in general.

What is more, the Court has also conferred a horizontal direct effect to article 39 of the Treaty in its Angonese judgment (E.C.J., C-281/98) extending thus the opportunity for workers to enjoy their right to freedom of movement even in a relationship with a private person. This ruling has an important impact as players can take advantage of their rights, for example, in their relations with a football club.

Finally the submission shows to what extent the issue becomes more complex when it comes to the rights of football players, considered as workers from third countries. In this context, the importance of the 2003/209 directive is put forward and the author argues for the recognition of the direct effect of article 13.2 of the ACP agreements. The proposed solution would end the apparent discrepancy between the rights of European football players and third nationals employed within the European Union.

Downloard the article “Le football et la libre circulation des travailleurs” here (FR)

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Full post as published by European Law Network on February 04, 2008 (boomark / email).