Robert C. R. Siekmann

Sports image rights in Europe

Introductory Remarks.- The Netherlands.- Austria.- Belgium.- Denmark.- Finland.- France.- Germany.- Greece.- Ireland.- ITALY.- Luxembourg.- Norway.- Portugal.- Spain.- Sweden.- Switzerland.- United Kingdom.- United States.- Taxation.- Conclusion.

What is Sports Law? Lex Sportiva and Lex Ludica : A Reassessment of Content and Terminology

Can sports law be considered as an independent substantive area of the law, does it enjoy recognition as such, and if so, why? This is actually the primary question that requires answering, because the answer to this question is not unchallenged. The question of what sports law is can then be addressed. This contribution is structured as follows: (1) Does sports law, a sports law, sports law as an area of law exist? (2) What does sports law consist of? (3) A reassessment of content and terminology, and (4) What is the ‘hard core’ of sports law? In summary, it can be concluded that: (1) sports law exists, (2) according to the ‘sources theory’ which in fact is presented in this address, it comprises a public and a private part, (3) it is proposed to name the public part lex sportiva (sporting law) and the private part lex ludica (sportive law), and (4) the ‘hard core’ of sports law is chiefly ‘judge-made law’: of the European Court of Justice (now: Court of Justice of the EU) as the public judge—at least from a European (EU) perspective (regional), and of the Court of Arbitration for Sport as the private court (global).

The Specificity of Sport: Sporting Exceptions in EU Law

The classical and still and ever current central (legal) question in the debate on the position of sport in the European Union is whether sport is ‘special,’ whether it deserves specific treatment under European Law and to what extent and why. In other words should sport be exempted from the EC Treaty? It is the discussion on what is called in the jargon the ‘specificity of sport’ and the ‘sporting exception.’ In this article the general framework which the EU institutions developed regarding the specificity of sport, is dealt with. What are in fact the basics in this respect? Which sporting exceptions concerned have been accepted and which not and why? What is the result of a comparison of exceptions and justifications, what is the overall picture of the sport specificity practical application by the Commission as the EU day-to-day executive organ and the European Court of Justice as the EU supreme judicial organ? The cases and issues will be categorised according to whether they concern internal market freedoms (movement of workers and provision of services) or EU competition law in sport organisational matters.

Legal Aspects of Combating Transnational Football Hooliganism in Europe

‘Football hooliganism’ is a concept which is not easy to define. For instance, in the media, to a variety of incidents the label of ‘hooliganism’ has been used in a rather indeterminate way. The concept is broad as well as diffuse. As for present purposes one can say that football hooliganism has to do with crowd disorder involving football supporters. This involves usually some kind of criminal activity occurring at, just before or after a football match. Disorderly behaviour connected with the game of football has occurred in some form in virtually every EU Member State. Due to the various international and European competitions involving both national and club teams and the resultant travelling of large numbers of supporters together with the associated social and often violent disorder, football hooliganism has a highly visible profile. This international dimension has made it necessary to approach security in connection with football matches in a way that extends beyond national borders. This contribution charts the legal measures of a general nature which have been taken with regard to transnational football hooliganism. Also, individual countries in Europe have taken measures to combat transnational football hooliganism. In this contribution the various types of international measures will be dealt with in due course as well as the pertinent jurisprudence of the Court of Arbitration for Sport (CAS) and decisions taken by the European Commission regarding ticketing in relation to safety aspects at football matches.