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An assessment of the compatibility of UEFA’s home grown player rule with Article 45 TFEU

journal contribution
posted on 16.03.2017, 12:01 authored by Paul DownwardPaul Downward, Richard Parrish, Geoffrey Pearson, Anna Semens
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.

History

School

  • Sport, Exercise and Health Sciences

Published in

European Law Review

Volume

39

Issue

4

Pages

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 Maxwell

Version

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

2014

Notes

Closed access.

ISSN

0307-5400

Language

en