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State and European Law

In: Managing Sports Teams

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  • Marc Philip Greitens

    (Law Firm Heuking Kühn Lüer Wojtek)

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.

Suggested Citation

  • Marc Philip Greitens, 2021. "State and European Law," Management for Professionals, in: Stefan Walzel & Verena Römisch (ed.), Managing Sports Teams, pages 23-41, Springer.
    • Handle: RePEc:spr:mgmchp:978-3-030-56495-7_2
    DOI: 10.1007/978-3-030-56495-7_2
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