Abstract
This J. D. thesis's central research question asks where the balance between international sporting governing bodies' interests and values enshrined in rules regarding sporting nationality on one hand, and athletes' rights under EU law on the other hand, lies.
This J. D. thesis's conclusions stem from the hypothesis that certain rules governing athletes' eligibility in national teams constitute a disproportionate restriction on the rights that athletes derive from EU law as EU citizens, workers, providers of services, self-employed persons and/or undertakings.
I submit that international sporting governing bodies and EU law can co-exist under a promising alliance, which is very desirable since the decisions of EU bodies and institutions clearly influence the global sporting scene. I show that EU bodies and institutions take into account the specific nature of sport, respect sports organisations' legal autonomy and limit themselves in interfering with sporting rules only as long as they breach athletes' rights under EU law.
Moreover, EU bodies and institutions' decisions contain a valuable set of principles and instructions for international sporting governing bodies on how to better adapt their rules to EU law requirements and balance their interests with athletes' rights. Nevertheless, some rules governing sporting nationality rather make the relationship between international sporting governing bodies and EU law a dangerous liaison.
Some of these rules in their current state, notably certain waiting periods, quotas of naturalised athletes or athletes having previously played for another country and rules prohibiting the change of sporting nationality constitute a disproportionate restriction on athletes' rights under EU citizenship, free movement of persons and competition. Therefore, these rules are potentially void under EU law.
Proportionality is the magic formula in ensuring the compliance of rules governing athletes' eligibility in national teams with EU law. These rules are often disproportionate as they go beyond what is necessary to achieve their otherwise legitimate goals.
Therefore, I conclude this J. D. thesis by formulating concrete recommendations to internationals sporting governing bodies on how to secure the balance between their legitimate interests and values on one hand, and the rights that athletes derive from EU law on the other.