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16 September 2007 / Mike Morgan
Issue: 7286 / Categories: Features , EU , Commercial
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Sporting chance

Ensuring the good governance of sports while keeping them autonomous is an unenviable task. Mike Morgan reports

The European Commission’s White Paper on Sport was published on 11 July 2007. The paper confirms the Commission’s position that sports activity, insofar as it constitutes an economic activity, does not fall outside the bounds of EU law. The paper will be seen by some sports stakeholders as an erosion of the autonomy of sport as the EU gets ever closer to developing a legal competence for sport.

AUTONOMY OF SPORT

The paper follows on from the Nice Declaration 2000 on the Specific Characteristics of Sport and its Social Function in Europe and José Luis Arnaut’s 2006 Independent European Sport Review, both of which are relevant to the so-called autonomy of sport. Paragraph 7 of the Nice Declaration said:

“The European Council stresses its support for the independence of sports organisations and their right to organise themselves through appropriate associative structures. It recognise that, with due regard for national and Community legislation and on the basis of

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NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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