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BL
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| Record Number
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860870
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| Main Entry
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Exner, Jan
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| Title & Author
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Sporting nationality in the context of European Union Law : : seeking a balance between sporting bodies' interests and athletes' rights /\ Jan Exner.
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| Publication Statement
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Cham, Switzerland :: Springer,, [2019]
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| Series Statement
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SpringerBriefs in law
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| Page. NO
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1 online resource
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| ISBN
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3030108074
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: 3030108082
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: 9783030108076
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: 9783030108083
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3030108066
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9783030108069
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| Bibliographies/Indexes
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Includes bibliographical references.
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| Contents
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Intro; Preface; Contents; Abbreviations; 1 Introduction; References; Legal Documents; Cases; Bibliography; 2 Legal Status and Autonomy of International Sporting Governing Bodies and Rules Governing Sporting Nationality; 2.1 Legal Status and Autonomy of International Sporting Governing Bodies; 2.2 Binding Effect of International Sporting Governing Bodies' Rules on Athletes and Other Persons; 2.3 International Sporting Governing Bodies' Rules Determining Athletes' Eligibility for National Teams; References; Legal Documents; Cases; Bibliography
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3 European Union Law and Sporting Nationality: Scope, Restriction, Justification3.1 Do Rules Governing Sporting Nationality Fall Within the Scope of European Union Law?; 3.1.1 Before Meca-Medina & Majcen: National Teams Exception; 3.1.2 After Meca-Medina & Majcen: Focus on Justification; 3.1.2.1 The Principle of Equal Treatment and Non-discrimination; 3.1.2.2 Citizenship of the European Union; 3.1.2.3 Free Movement of Workers; 3.1.2.4 Freedom to Provide Services; 3.1.2.5 Freedom of Establishment; 3.1.2.6 Competition Law; 3.1.2.7 Fundamental Rights
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3.2 Sporting Nationality Rules as a Restriction to European Union Law3.3 Justification and Proportionality of Sporting Nationality Rules Constituting a Restriction to European Union Law; 3.3.1 Treaty Derogations; 3.3.2 Rule of Reason; 3.3.3 Principle of Proportionality; References; Legal Documents; Cases; Bibliography; 4 Meca-Medina & Majcen: A New Way Forward; 4.1 Demise of the Purely Sporting Rule Exception; 4.2 Context, Objective, Inherence and Proportionality; References; Cases; Bibliography; 5 European Union Law and Sporting Nationality: Dangerous Liaison?
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5.1 Sporting Rules Outside the Scope of European Union Law5.2 Rules Governing Sporting Nationality Which Constitute a Restriction to European Union Law that May Be Justified and Proportionate; 5.2.1 Rules Governing the Election of Sporting Nationality; 5.2.2 Waiting Periods; 5.3 Sporting Nationality Rules that Constitute a Disproportionate and Unjustifiable Restriction to European Union Law; 5.3.1 Quotas of Naturalised Athletes; 5.3.2 Rules Prohibiting the Modification of Sporting Nationality; References; Legal Documents; Cases; Bibliography
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6 European Union Law and Sporting Nationality: Creating a Promising Alliance6.1 General Recommendations for International Sporting Governing Bodies with Regard to EU Law; 6.2 Concrete Recommendations for International Sporting Governing Bodies on How to Adapt Their Sporting Nationality Rules to EU Law Requirements; 6.2.1 Recommendations on Rules Prohibiting the Modification of Sporting Nationality: Let Athletes Change Their Eligibility; 6.2.2 Recommendations on Waiting Periods: Harmonise or Shorten; 6.2.3 Recommendations on Quotas of Naturalised Athletes: Up to Half of the Team; References
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| Abstract
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This book strikes a balance between international sporting governing bodies' interests and values enshrined in rules regarding sporting nationality on one hand, and athletes' rights under EU law on the other. It argues that some rules governing athletes' eligibility in national teams in their current form, notably certain waiting periods, quotas for naturalised athletes or athletes having previously played for another country, and rules prohibiting the change of sporting nationality, constitute a disproportionate restriction on athletes' rights under EU citizenship, free movement of persons, competition law or fundamental rights. Accordingly, the book subsequently presents concrete recommendations for international sporting governing bodies on how to reconcile their interests and values with the rights that athletes enjoy under EU law. As such, it offers an essential guide for these bodies and their representatives, as well as for athletes, academics and practitioners in the fields of law and sports.
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| Subject
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Professional athletes-- Legal status, laws, etc.-- European Union countries.
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Sports and state-- European Union countries.
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Sports-- Law and legislation-- European Union countries.
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LAW-- Administrative Law Regulatory Practice.
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Sports and state.
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Sports-- Law and legislation.
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European Union countries.
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| Dewey Classification
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344.240099
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| LC Classification
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KJE6063
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