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The Regulation of Sport - Essay Example

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The Regulation of Sport

The aim of this paper is to analyse this rule and whether it should be legally challenged before the courts.
Overtime the European Union's involvement with sports particularly with standard setting has been increasing. Borja Garcia of the Loughborough University explored the "origins and development" (2007) of this involvement. Perhaps, the turning point of this involvement was in December 2000 when the "the European Council agreed to grant the social, educational and cultural functions of sport special status within the European Union's (EU) Treaty framework" (Parrish, 2001, p. 188. Garcia further opined that this involvement is "a consequence of actors instrumentalising institutional venues to their own benefit" (Garcia, 2007).
Ian Blackshaw observed that through the EU "sport is subject to the 'acquis communautaire' - the body of law that has grown up and developed by the Community Institutions, not least the rulings of the European Court of Justice, the guardian of the EC Treaty" (2007). Although the creation of a standard on the dimensions of the target is very sound, restricting the source of the target is bordering on the ridiculous. Too much focus on trivialities can shift the attention from what rifle target shooting means as sports - a measure of marksmanship and skills.
Stephen Weatherill, on the other hand, opined that EU's involvement in the regulation of sports in the European communities is a good thing, but too much is not good either. Specifically, his white paper "sets out a case for EU intervention in sport where this is necessary and helpful, but it accepts that much sporting activity is not usefully the subject of elaborate EU supervision, and it instead recognises the proper role of other public and private actors. And - contrary to the complaints loudly and frequently expressed by those involved in the governance of sport - the Commission is by no means ignorant or dismissive of the value in appropriate circumstances of sporting autonomy" (2007).
A possible argument on the legal challenge on the imposition of the European Commission to the sports is Article 3 of the Treaty of the European Communities which, according to Garcia, "does not cite sport as a competence of the EU, which means that no authority has been conferred to the EU to develop any kind of policy on sport" (2007). Hence, the presence of sports associations which by themselves determine, for their own sports, the "rules for international competitions and their criteria for membership (amongst other things)" (Burns, 2003, p. 1). Take for example the Airgun Training and Education Organisation which "aims to education, train and promote all aspects of airgun shooting."
However, the European Commission had successfully argued that "economic activities in the context of sport do fall within the scope of EC law, including Articles 81 and 82 EC and internal market freedoms" (European Commission Sport 2008). The Community Courts and the Court of First Instance confirmed this concept. Several cases heard by the ECJ had affirmed and confirmed the economic activity concept, hence whenever a sport activity results to an economic transaction, then such sport ...Show more


Undoubtedly, the performance in any sports whether it be accuracy sports or style sports is measured according to certain standards agreed upon by sports bodies and agencies, and sometimes by governments. In "sports that require an accurate aim, such as archery and rifle shooting, can be evaluated by measuring how far the shot finishes from the target" (Neumann & Thomas, 2008, p…
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The Regulation of Sport essay example
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