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White, Robin C.A. --- "Free Movement of Persons and Sport" [2007] ELECD 255; in Bogusz, Barbara; Cygan, Adam; Szyszcak, Erika (eds), "The Regulation of Sport in the European Union" (Edward Elgar Publishing, 2007)

Book Title: The Regulation of Sport in the European Union

Editor(s): Bogusz, Barbara; Cygan, Adam; Szyszcak, Erika

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847203632

Section: Chapter 2

Section Title: Free Movement of Persons and Sport

Author(s): White, Robin C.A.

Number of pages: 15

Extract:

2. Free movement of persons and sport
Robin C.A. White

INTRODUCTION
In any discussion of the interface between European Union law and sport, the
perspective of the commentator is a key to the likely content of the argument
which will follow. As many commentators note,1 different actors in the system
bring different values to the debate. Furthermore the Union itself has recog-
nized that there are aspects of sport which give it characteristics which go
beyond the market place. The Declaration on Sport attached to the Treaty of
Amsterdam in 1997 noted:

The Conference emphasises the social significance of sport, in particular its role in
forging identity and bringing people together. The Conference therefore calls on the
bodies of the European Union to listen to sports associations when important ques-
tions affecting sport are at issue. In this connection, special consideration should be
given to the particular characteristics of amateur sport.2

Following the Commission's influential Helsinki Report on Sport,3 there have
been increasing references to the new approach to sport. This was followed by
the rather bland declaration of the European Council at Nice in December
2000.4 Following the Presidency Conclusions, Viviane Reding, the
Commissioner responsible for education, culture and sport, announced that the
declaration was a policy declaration only and did not set out to extend

1 For example, R. Parrish, `Reconciling conflicting approaches to sport in the
European Union', in A. Caiger and S. Gardiner (eds), Professional Sport in the EU:
Regulation ...