Abstract
Sport and nationality is a complex issue with diverse manifestations. The first main question which will be dealt in this paper is how so-called national teams that represent a country in international (“inter-state”) competition (Olympic Games, world and regional championships, and other representative sporting events) are composed—on the basis of the legal nationality of their members, or on the basis of a special “sporting nationality” according to which additional or other criteria are applicable whether a sportsperson is allowed to participate in the national team. The same question arises with regard to individual athletes who represent a country in international competition. This question will be discussed in particular in the context of the problems that have been created by what may be called accelerated (quick) naturalisation (“passport shopping”). The second main question is how “sporting nationality” is regulated outside the scope of national representation, that is at the level of national club team and individual competition. May sportspersons from abroad participate in the club competitions in other countries of which they do not possess the legal nationality, in particular under EU law? In this paper we will discuss topical discrimination issues: the discrimination of non-team sportspersons in individual national championships; and: the discrimination of professional football players: the FIFA 6+5 and UEFA home grown players rules.
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Notes
- 1.
De Groot 2006, p. 3.
- 2.
The theme of “accelerated” or quick naturalisation of sportspersons for national representative purposes was the core issue at the Scientific Conference on Nationality in Sports, see note 1 supra. The importance of this Conference was amply illustrated by the participation in the concluding panel of IOC President Jacques Rogge, high representatives of four international sports federations (i.e. basketball, ice-hockey, skating and skiing) and of the 800 m world record holder Wilson Kipketer.
- 3.
On 4 April 2006 the sixth Asser International Sports Law Lecture on Nationaliteit en Sport: publiekrecht v sportrecht [Nationality and Sport: Public Law v Sports Law] was organised with reference to the Kalou case. Speakers were, amongst others, Prof. Dr Gerard-René de Groot, Professor of comparative law and private international law, University of Maastricht, The Netherlands, and Mr Jelle Kroes, Everaert Immigration Lawyers, Amsterdam.
- 4.
De Groot 2006, pp. 3–4, 8. The expression “genuine link” refers implicitly to the Nottebohm decision of the International Court of Justice, where the words “genuine connection” are used explicitly [ICJ Reports 1955, 4 (23)].
- 5.
The “one-two” is an explosive combination that consists of two passes between two players. The first pass is a pass in the length or width of the playing field and the second pass is a first-time return pass; the player who has played the first ball will run into the “depth” of the field (that is, in the direction of the opposing team’s goal) and will receive the ball behind his opponent’s back. A well-done “one-two” creates confusion in the opposing team’s defence and is an effective instrument against a tight defence, in particular when the first passer comes from far at full speed (see: Siekmann 1978, p. 42, see also: Siekmann 1980, pp. 61–62).
- 6.
De Groot 2006, p. 4.
- 7.
Cf., for example the Worlds Series in the United States of America as the top of the world competition in professional baseball.
- 8.
Accompanying Document to the White Paper on Sport, p. 45.
- 9.
White Paper on Sport, Brussels 2007, COM(2007) 391 final, pp. 14 and 16.
- 10.
Study on the Equal Treatment of Non-Nationals in Individual Sports Competitions, Report committed by the European Commission, T.M.C. Asser Instituut, Edge Hill University and Leiden University, The Hague, December 2010. The Study’s findings were presented by Prof. Stefaan van den Boogaert, Europa Institute, Faculty of Law, University of Leiden, The Netherlands, at the EU Sport Forum in Budapest, Hungary, on 21–22 February 2011. He is the author of Boogaert 2005.
- 11.
“Developing the European Dimension in Sport”, Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, COM(2011) 12 final, Brussels 2011, p. 13.
- 12.
In The Hague, On 5 June 2008 the ASSER international Sports Law Centre organised a seminar on “6+5 and home-grown players rule: solutions for the protection of club identity and the quality of national representative teams?” The speakers were: Dr. Ruben Conzelmann, the author of Conzelmann 2008, and Dr. Stefaan van den Bogaert, (then) Senior Lecturer in EU Law, Faculty of Law, University of Maastricht, The Netherlands.
- 13.
Cf., Prokopets 2009
- 14.
Case 13/74 Donà (1976) ECR 1333, para 14.
- 15.
Case C-415/93 [1995] ECR I-4921.
- 16.
- 17.
At p. 27.
- 18.
Study on training of young sportsmen/women in Europe/Home-grown players rule, April 2008; see Part II regarding, in particular the home grown players’rule (ineum Consulting/Taj Société d’Avocats).
- 19.
See, Press release IP/08/807 of 28 May 2008.
- 20.
Commission Staff Working Document “Sport and Free Movement”, Accompanying document to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions “Developing the European Dimension in Sport”, SEC(2011) 66/2.
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Siekmann, R.C.R. (2012). Sport and Nationality: “Accelerated” Naturalisation for National Representative Purposes and Discrimination Issues in Individual and Team Competitions Under EU Law. In: Introduction to International and European Sports Law. ASSER International Sports Law Series. T.M.C. Asser Press. https://doi.org/10.1007/978-90-6704-852-1_7
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