Sports Law, Policy & Diplomacy Journal

EDITORIAL INTRODUCTION

Vanja Smokvina, Borja Garcia Garcia, Richard Parrish — Fri, 02 Aug 2024 00:00:00 +0200

SPORT GOVERNANCE AND EU LAW: THE TIMES THEY ARE (FINALLY !) A-CHANGIN’

Jean-Louis Dupont — Fri, 02 Aug 2024 00:00:00 +0200

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."

REFUGEES IN EUROPEAN GRASSROOTS FOOTBALL: FROM ASSUMPTIONS TO EVIDENCE

Derya Göçer, Özgehan Şenyuva, Albrecht Sonntag — Fri, 02 Aug 2024 00:00:00 +0200

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.

A COMPARISON OF ESPORTS INTEGRITY POLICIES AND PROGRAMS TO THOSE OF TRADITIONAL SPORTS

Erika Riedl — Fri, 02 Aug 2024 00:00:00 +0200

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.

CHILDREN AND SPORTS: THE RIGHT TO ENGAGE IN PLAY AND RECREATIONAL ACTIVITIES

Sandra Winkler — Fri, 02 Aug 2024 00:00:00 +0200

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.

‘SPORTING MERIT’ IN EUROPEAN UNION LAW

Guillermo Íñiguez — Fri, 02 Aug 2024 00:00:00 +0200

‘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.

THE DEVELOPMENT OF SPORTS POLICY IN SLOVAKIA

Michal Varmus, Marko Begovic, Martin Mičiak, Michal Šarlák, Milan Kubina — Fri, 02 Aug 2024 00:00:00 +0200

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.