State and European Law

Marc Philip Greitens ()
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Marc Philip Greitens: Law Firm Heuking Kühn Lüer Wojtek

A chapter in Managing Sports Teams, 2021, pp 23-41 from Springer

Abstract: Abstract Although sport is not explicitly mentioned in Germany’s Basic Constitutional Law, clubs and federations enjoy constitutional protection through freedom of association, and athletes through freedom of occupation or general freedom of action, which is also subject to certain limits. In comparison, Art 165 TFEU promotes the sport to the status of a constitutional good at European level, which results in further freedom in addition to the freedom of association guaranteed under European law, and the resulting autonomy of associations and federations. However, the freedom granted to sports under European law is not limitless; in particular, the individual rights of athletes must be guaranteed. This was shown above all by the decision of the European Court of Justice in the Bosman case.

Date: 2021
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DOI: 10.1007/978-3-030-56495-7_2

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