Review article
Freedom of Movement of Professional Sportspeople as Workers in the European Union with Emphasis on the Legal Sources and the Bernard Judgement
Vanja Smokvina
; Faculty of Law, University of Rijeka, Rijeka, Croatia
Tea Rubeša
Abstract
The fundamental freedoms of the European Union, especially the freedom of movement of workers, are an area of immensely extensive academic research, with a great number of judgements of the Court of the European Union and legislative and other acts of primary and secondary EU Law. When we add to all this the sport sector and sports law, we come to new and very important notions typical of and applicable to other sectors, and not only the sector of the free movement of workers. It is a predominant attitude in legal theory that sports law represents a new special law discipline, notwithstanding other differing opinions. In the paper, the authors analyse and interpret the important factors of the sector, European sports law, with the case law of the Court of the EU and the most important sources of primary and secondary EU law. On the other hand, it should be highlighted that the Lisbon Treaty has opened a new dimension in the relationship between sport and EU Law. The focus is on the latest judgement of the European Court in the sector of the free movement of workers: the Bernard judgement. This judgement is extremely important for analysing the impact that EU law has on the contractual relationship between sportspeople – workers and sports clubs – employers.
Keywords
sport; sports law; European Union; sportspeople; workers; free movement
Hrčak ID:
124806
URI
Publication date:
1.7.2014.
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