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Title: An assessment of the compatibility of UEFA’s home grown player rule with Article 45 TFEU
Authors: Downward, Paul M.
Parrish, Richard
Pearson, Geoffrey
Semens, Anna
Keywords: European Union
Employment
Human rights
Sport
EU law
Football
Free movement of persons
Indirect discrimination
Sportspersons
Issue Date: 2014
Publisher: © Sweet and Maxwell
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.
Abstract: This 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.
Description: Closed access.
Version: Accepted for publication
URI: https://dspace.lboro.ac.uk/2134/24438
Publisher Link: http://www.sweetandmaxwell.co.uk/
ISSN: 0307-5400
Appears in Collections:Closed Access (Sport, Exercise and Health Sciences)

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