par Husting, Alexandre 
Référence Revue du marché commun, 523, page (637-644)
Publication Publié, 2008-12
Référence Revue du marché commun, 523, page (637-644)
Publication Publié, 2008-12
Article révisé par les pairs
| Résumé : | Having taken a backseat in the concerns of those in charge of European sport since the famous Bosman ruling the issue known as the «nationality clauses» in team sports recently resurged acutely within the debates. It was the International Football Federation (FIFA) which restarted the debate by approving at the end of May 2008, a project with the explicit objective of limiting the number of players that « cannot be selected for a national team »(i.e. mainly foreign players) in the teams of the national championships. This initiative known as «6+5» was given a very cold reception by the European Commission and the European Parliament for which «all had been said» in terms of the sporting jurisprudence of the Court of Justice of Luxembourg. But for FIFA, such a clause would be beneficial because it is able to maintain the sporting identity of the clubs, to protect national teams, to guarantee the fairness of competitions and to encourage the training of young people, all at the same time. All objectives which would make legitimate, in its view, a Community free hand, especially as it «does not go against the European law on the freedom of workers movement». Thus it seems the Bosman ruling has not said everything. Could it have in addition left room for manoeuvre for the reintroduction of nationality clauses regarded as the panacea to cure the «pain» which professional sport is suffering today ? |
