Published under the direction of Avv. Michele Colucci, the Bulletin will include the proceedings of international or regional conferences or reports from comparative projects devoted to salient economic and legal issues in sport. It will offer a platform of expression and discussion to scholars and practitioners worldwide, often featuring special guest editors.

The Bulletin will be available both on line and on paper format.

The Advisory Board is composed of Prof. Hendrickx (KULeuven) and Prof.Raul Caruso (Chatolic University of Milan).
Members of the Editorial Board are: Felix Majani, Marc Peterson.
Assistant to the editorial Board is Mrs. Antonella Frattini.

For further information about the European Sports Law and Policy Bulletin please contact the Editorial Board at bulletin@slpc.eu

To get the guidelines for Authors please click here

To order please send an email to sales@slpc.eu or send a fax to +39 0692912678



REGULATING EMPLOYMENT RELATIONSHIPS IN PROFESSIONAL FOOTBALL
A COMPARATIVE ANALYSIS


Michele Colucci and Frank Hendrickx (eds.)

European Sports Law and Policy Bulletin 1/2014
ISBN 978-88-905-114-8-6, 470 pages

FLYER - TEASER - ORDER FORM

Book Euro 90,00 (plus VAT and shipment costs)
eBook Euro 50,00 (plus VAT)

Sport performs several functions in society: an educational, a social, a cultural as well as a recreational function. Nevertheless sport is also business: in economic terms, it is a rapidly growing area accounting for 3% of world trade and is one of the sectors most likely to generate new employment in the near future.
International and national sports association regulate this business in an autonomous way and adopt private regulations or by-laws, including organisational, disciplinary rules as well as rules of play. However, the trend towards more professionalism in sport and its growing economic and relevance have prompted an increasing reliance on legal rules adopted by governments and international organizations such as the United Nations, the Council of Europe, and the European Union.
Sport is also considered as a “special sector” and could even be seen as a specific ‘labour market’. In a professional sport context, athletes and players can be considered as “special workers” and their clubs and teams as “special employers”. The specific nature of sports, leading to the question how public regulation and private sport rules relate to each other, is also an issue when employment relationships are concerned. For example, how do employment law rules interrelate with questions of athlete selection, remuneration, discipline or contracting? How do laws and regulation support and implement players’ or athletes’ unionism or collective bargaining that may take place? To what extent are team sporters seen as regular employees, or individual sporters as self-employed persons?
In this book, we take stock of the rules and problems that exist when combining the law on employment relations and specific sport contexts and particular sporting rules. The focus will be on professional football, a field of world-wide economic and social interest, where club-player relations are rather well established and structured through sport international bodies and a large number of problems and issues have already accured. Professional football is a field where the interaction between public employment regulation and private sports regulation is most relevant. The aim of this book is to examine the question how the legal regulation of employment relations are applied or adapted to the context of professional football and to what extent aspects of sport specificity could be identified or established justifying a special legal regime.



INTERNATIONAL AND COMPARATIVE SPORTS JUSTICE

Michele Colucci and Karen L. Jones eds.

European Sports Law and Policy Bulletin 1/2013
ISBN 978-88-905-114-7-9, 698 pages

FLYER - TEASER - Order form

Book Euro 120,00 (plus VAT and shipment costs)
eBook Euro 90,00 (plus VAT)

Sports justice is of paramount importance for any club, athlete, and any other person registered with a sports association. They all have rights and obligations that are peculiar in the sense that they are proper to the context of sport, and therefore are most appropriately granted or supervised by sports justice within an autonomous system. In the name of their autonomy and the specificity of sport many associations around the world developed their own justice bodies. Some of them seem to be more effective than others but all share the same goal: to settle disputes, to mediate and to guarantee the correct interpretation of sporting rules and regulations. This is not a simple task since the scope of sports justice is not always easy to describe. In fact ordinary justice maintains its role in granting and supervising certain rights and obligations that are not so different from those protected by sports justice. The lines of distinction become even more blurred when issues of individual or fundamental rights come into play. This has become an interesting paradox, because sports justice and ordinary justice are not always discernible. One possible explanation may be found in the reality of certain countries where the two systems tend to converge. This book is unique in that, for the first time, ever the Court of Arbitration for Sport, the sports justice systems of six international federations and twenty-three national federations as well as their relationship with ordinary justice, have been closely analysed. The authors are all eminent scholars, sports lawyers and arbitrators who provide in-depth review and personal insights into the complexities of the topic. The book is divided into three parts. The first covers the major international associations in football, soccer, basketball, handball, and Formula 1. The second part focuses on the national sports justice systems and, in particular, on the general principles of sports justice as defined by the national Olympic Committees and by the football federations. Proper attention is given to the rules and procedures of the sports judicial bodies and to the relevant case law. The last part gives an overview of all justice systems covered in order to identify the critical issues and relevant trends. The aim is to provide all stakeholders with selected and detailed information in view of raising awareness of existing practices all over the world.



CONTRACTUAL STABILITY IN FOOTBALL

Michele Colucci ed.

European Sports Law and Policy Bulletin 1/2011
ISBN 978-88-905-114-4-8, 344 pages

Book Euro 90,00 (plus VAT and shipment costs)
eBook Euro 50,00 (plus VAT)

The principle of contractual stability is of paramount importance in the world of football. It is at the basis of an efficient transfer system characterised inter alia by the redistribution of wealth from ‘big’ to ‘small’ clubs as well as by secured investments in youth development. Any dispute between professional players and clubs at international level is dealt with by the FIFA Dispute Resolution Chamber (DRC) and the Court of Arbitration for Sport (CAS) pursuant to art. 17 of the FIFA Regulations on the Status and Transfer of Players. Such regulations were the outcome of the 2001 Gentlemen’s Agreement between the €pean Commission on one side and FIFA and UEFA on the other. Ten years after the signature of that agreement and the entry into force of the first version of the relevant FIFA regulations, the EU institutions as well as the international sports stakeholders may consider whether to review and modify – if necessary – the rules on transfer of players and contractual stability.



THE BERNARD CASE Sports and training compensation

Michele Colucci ed.

European Sports Law and Policy Bulletin 1/2010
ISBN 978-88-905-114-3-1, 234 pages

Book Euro 90,00 (plus VAT and shipment costs)
eBook Euro 50,00 (plus VAT)

The Bernard case, again confronts us with the relationship of sports to the law. The question runs as follows: is the compensation that football clubs ask for the training of players, at the occasion of a transfer of a player (amateur) to another club – in a European context - contrary to the free movement of workers? In the Bosman case (1995), where the player was at the end of his contract, the European Court ruled that a transfer fee was contrary to that freedom. Fifteen years later (2010), the Court decided in the Bernard case that training compensation was compatible with EU law.