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An assessment of the compatibility of UEFA’s home grown player rule with Article 45 TFEU
journal contribution
posted on 2017-03-16, 12:01 authored by Paul DownwardPaul Downward, Richard Parrish, Geoffrey Pearson, Anna SemensThis article provides the results of a European Commission study into the compatibility of UEFA’s "home grown player rule" (the Rule) with EU laws on free movement of workers. The Rule was introduced to increase competitive balance, and improve the training and development of young players in European football, but gives rise to indirect nationality discrimination and has the potential to restrict the ability of EU footballers to be employed by clubs in other Member States. Our analysis indicates that, although UEFA’s aims are legitimate under EU law, the Rule has resulted in only a modest impact and it cannot at this stage be deemed to have satisfied proportionality control. The existence of potentially less restrictive alternatives means that UEFA should engage in social dialogue with its stakeholders to determine if other methods could be employed to achieve these aims without recourse to regulations that are intrinsically liable to infringe rules governing the free movement of EU workers.
History
School
- Sport, Exercise and Health Sciences
Published in
European Law ReviewVolume
39Issue
4Pages
493 - 510 (000)Citation
DOWNWARD, P. ... et al., 2014. An assessment of the compatibility of UEFA’s home grown player rule with Article 45 TFEU. European Law Review, 39 (4), pp.493-510.Publisher
© Sweet and MaxwellVersion
- AM (Accepted Manuscript)
Publisher statement
This work is made available according to the conditions of the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International (CC BY-NC-ND 4.0) licence. Full details of this licence are available at: https://creativecommons.org/licenses/by-nc-nd/4.0/Publication date
2014Notes
Closed access.ISSN
0307-5400Publisher version
Language
- en