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"Player quotas, national eligibility restrictions, and freedom of movement under EU law"

McArdle, David. (2003) "Player quotas, national eligibility restrictions, and freedom of movement under EU law". In: UNSPECIFIED, Nashville, TN. (Unpublished)

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    [T]he focus here is the question of whether national eligibility criteria-i.e., those regulations that govern who can be selected to play for a national side as opposed to a club side-are compatible with freedom of movement provisions. This paper locates that question within the context of the abolition of "quotas" pertaining to club sides. In various judgments both prior to and after Bosman, the ECJ has indicated that, were national eligibility criteria to be challenged, the Court would be minded to uphold them. But in this paper I contend that the legal basis upon which such a ruling would be made is far from watertight. The ECJ's intimations that national eligibility restrictions are matters of "purely sporting interest" and, as such, would be exempt from the rigors of EU are problematic. National eligibility criteria contain the "economic element" necessary to bring them within the purview of EU law in the wake of Bosman and other cases.

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    Item Type: Conference or Workshop Item (UNSPECIFIED)
    Uncontrolled Keywords: Sports.
    Subjects for non-EU documents: EU policies and themes > Policies & related activities > Third Pillar/JHA/PJCC/AFSJ > free movement/border control
    EU policies and themes > Policies & related activities > law & legal affairs-general (includes international law)
    Subjects for EU documents: UNSPECIFIED
    EU Series and Periodicals: UNSPECIFIED
    EU Annual Reports: UNSPECIFIED
    Conference: European Union Studies Association (EUSA) > Biennial Conference > 2003 (8th), March 27-29, 2003
    Depositing User: Phil Wilkin
    Official EU Document: No
    Language: English
    Date Deposited: 25 Feb 2005
    Page Range: p. 19
    Last Modified: 15 Feb 2011 17:24

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