Continuing to build the European Model of Sport
Résumé
The recent European Court of Justice’s Kolpak ruling1 gives us another opportunity to focus
on the combination of public law and sporting rules in the sport law matters, particularly
regarding professional sport.
Each sporting situation is positioned in the spotlight of different levels of legality. Three
geographical zones may be distinguished: the regional level as, for example, in Italy or Spain
where Regional Sport Acts exist; the central national level; and the European level where
Community law applies.
What has changed since 1995 and the famous Bosman ruling2? Although Deliege and
Lethonen, have confirmed the applicability of the freedom of movement of workers in sport,
they also have allowed more flexibility in the application of Community law to sport.
Nevertheless, with respect to fair competition, have the sport federations, in the light of their
monopoly, secured their role in the future of professional sport?
As professional sport includes not only sporting and economic, but also cultural and historical
dimensions, a special treatment is needed.
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