Under European Union law, Article 81 of the EC Treaty provides that all agreements between undertakings, decisions of undertakings and concerted practices which may affect trade between Member States and which have as their objective or effect the prevention, restriction or distortion of competition within the common market are prohibited as incompatible with the common market . Notwithstanding, the Union des Associations Europennes de Football's (UEFA) recently approved plans to limit the number of foreign players a club can register for Champions league and the UEFA cup competitions. The current position is that six out of the 25 players a club can register at UEFA competitions will have to be home grown players with eight home grown players for the 2008/09 season.
KEY WORDS: Sports law, EC Treaty, Article 81, UEFA Homegrown rule, Bosman ruling, Lariv Report, Pack Report.
[...] A discussion of the Impact of the European Union Law on the Economic and Socio Cultural Aspects of the Football's European Sports Management Quarterly Volume 2 No: Richard Parrish (2003). Sports Law and Policy in the European Union. Manchester University Press. Norbert Reich (2003) Understanding EU Law: Objectives, Principles and Methods of Community Law. Intersentia. Whish, R., (2003). Competition Law. 5th Edition Butterworths. Report of the Committee on Culture, Youth, Education and the Media on the European Community and Sport and 29 April 1994. [...]
[...] Homegrown player plans revealed. Available at www.uefa.com 3/02/2005. M El-Agraa (2007). The European Union: Economics and Policies. Cambridge University Press. Trevor Hartley., (2004) European Law in a Global Context: Text Cases and Materials. Cambridge University Press. See European Communities Act 1972. Hart, S., (2004). Create level playing field. Available at www.uefa.com Simon Gardner (2006) Sports Law. 3rd Edition. Routledge Cavendish. Caigner and Gardiner (2000). Professional Sport in the European Union: Regulation and Re-regulation. TMC Asser: The Hague David McArdle (2000). [...]
[...] In 1995 the European Court of Justice rule in favour of Jean Marc Bosman deciding that the existing football transfer rules were in breach of the European Union Law on the free movement of workers between members states. As a result, European Union demanded that regulations concerning players' transfers and limitations on foreign players be amended almost immediately.” This ruling led to the free movement of footballers between clubs within EU countries. Moreover, the Bosman ruling imposes freedom of movement for players leading some to argue that this results in an influx of foreign footballers. [...]
[...] Report of the Committee on Culture, Youth, Education and the Media on the European Community and Sport and 29 April 1994. Available at www.europarl.europa.eu Report on the role of the European Union in the field of sport 28 May 1997. Available at www.europarl.europa.eu Whish (2003) op.cit. Michael J. Beloff., Tim Kerr and Marie Demetriou (2003).Sports Law. Hart Publishing. Ibid. Richard Parrish (2003). Sports Law and Policy in the European Union. Manchester University Press. Report by the Committee on legal affairs and Citizen's Rights, A2- 415/ Supra, note 14. [...]
[...] Case 13/76  2 CMLR 578. The equivalent provisions are now Article 81and 82 of the EC Treaty Case 13/76  2 CMLR 578. Available at www.eucaselaw.info Caigner and Gardiner (2000). Professional Sport in the European Union: Regulation and Re-regulation. TMC Asser: The Hague. See also Crollet, Levermore and Pearson, G (2002). For Business or Pleasure? A discussion of the Impact of the European Union Law on the Economic and Socio Cultural Aspects of the Football's European Sports Management Quarterly Volume 2 No: [...]
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