The Implications of the Recent Jurisprudence of the Court of Justice of the European Union for the Protection of the Fundamental Rights of Athletes and the Regulatory Autonomy of Sporting Federations
Fundamental rights of the EU are in principle applicable in relations of vertical nature, in which individuals are confronted with the state. However, in relations of horizontal nature, in which both parties are individuals and on equal terms, applicability of the Charter of Fundamental Rights of th...
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| Format: | Article |
| Language: | English |
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Ubiquity Press
2020-06-01
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| Series: | Tilburg Law Review |
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| Online Access: | https://tilburglawreview.com/articles/193 |
| _version_ | 1818265600000000000 |
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| author | Wojciech Lewandowski |
| author_facet | Wojciech Lewandowski |
| author_sort | Wojciech Lewandowski |
| collection | DOAJ |
| description | Fundamental rights of the EU are in principle applicable in relations of vertical nature, in which individuals are confronted with the state. However, in relations of horizontal nature, in which both parties are individuals and on equal terms, applicability of the Charter of Fundamental Rights of the EU has been long disputed among scholars. Only recently, in rulings 'Egenberger' and 'Bauer', the Court of Justice of the European Union has directly addressed this issue. This paper elaborates on the consequences of the Court’s decision for the European sports model, presents reasons for justification of horizontal applicability of fundamental rights of the EU towards sports and proposes a method of applying the framework developed by the Court to conducting sports activity in the EU. Main argument of the Author is that the rules regulating sporting activity, if this activity falls within the scope of the law of the EU, may be subject to assessment of conformity with fundamental rights of the EU thanks to direct horizontal applicability of the Charter, which explicitly results from the recent Court’s rulings. |
| first_indexed | 2024-12-12T19:53:23Z |
| format | Article |
| id | doaj.art-1f6b7e2f790f4befb39dcce9ca6b9fc2 |
| institution | Directory Open Access Journal |
| issn | 2211-2545 |
| language | English |
| last_indexed | 2024-12-12T19:53:23Z |
| publishDate | 2020-06-01 |
| publisher | Ubiquity Press |
| record_format | Article |
| series | Tilburg Law Review |
| spelling | doaj.art-1f6b7e2f790f4befb39dcce9ca6b9fc22022-12-22T00:13:55ZengUbiquity PressTilburg Law Review2211-25452020-06-0125110.5334/tilr.193168The Implications of the Recent Jurisprudence of the Court of Justice of the European Union for the Protection of the Fundamental Rights of Athletes and the Regulatory Autonomy of Sporting FederationsWojciech Lewandowski0Research Assistant in Institute of Law Studies Polish Academy of Sciences, WarsawFundamental rights of the EU are in principle applicable in relations of vertical nature, in which individuals are confronted with the state. However, in relations of horizontal nature, in which both parties are individuals and on equal terms, applicability of the Charter of Fundamental Rights of the EU has been long disputed among scholars. Only recently, in rulings 'Egenberger' and 'Bauer', the Court of Justice of the European Union has directly addressed this issue. This paper elaborates on the consequences of the Court’s decision for the European sports model, presents reasons for justification of horizontal applicability of fundamental rights of the EU towards sports and proposes a method of applying the framework developed by the Court to conducting sports activity in the EU. Main argument of the Author is that the rules regulating sporting activity, if this activity falls within the scope of the law of the EU, may be subject to assessment of conformity with fundamental rights of the EU thanks to direct horizontal applicability of the Charter, which explicitly results from the recent Court’s rulings.https://tilburglawreview.com/articles/193human rightsfundamental rightshorizontal applicabilityautonomy of sportssports law |
| spellingShingle | Wojciech Lewandowski The Implications of the Recent Jurisprudence of the Court of Justice of the European Union for the Protection of the Fundamental Rights of Athletes and the Regulatory Autonomy of Sporting Federations Tilburg Law Review human rights fundamental rights horizontal applicability autonomy of sports sports law |
| title | The Implications of the Recent Jurisprudence of the Court of Justice of the European Union for the Protection of the Fundamental Rights of Athletes and the Regulatory Autonomy of Sporting Federations |
| title_full | The Implications of the Recent Jurisprudence of the Court of Justice of the European Union for the Protection of the Fundamental Rights of Athletes and the Regulatory Autonomy of Sporting Federations |
| title_fullStr | The Implications of the Recent Jurisprudence of the Court of Justice of the European Union for the Protection of the Fundamental Rights of Athletes and the Regulatory Autonomy of Sporting Federations |
| title_full_unstemmed | The Implications of the Recent Jurisprudence of the Court of Justice of the European Union for the Protection of the Fundamental Rights of Athletes and the Regulatory Autonomy of Sporting Federations |
| title_short | The Implications of the Recent Jurisprudence of the Court of Justice of the European Union for the Protection of the Fundamental Rights of Athletes and the Regulatory Autonomy of Sporting Federations |
| title_sort | implications of the recent jurisprudence of the court of justice of the european union for the protection of the fundamental rights of athletes and the regulatory autonomy of sporting federations |
| topic | human rights fundamental rights horizontal applicability autonomy of sports sports law |
| url | https://tilburglawreview.com/articles/193 |
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