Discrimination on Grounds of Nationality in Sport

Abstract

This paper is concerned with labour practices which are discriminatory on grounds of nationality and which are put into effect by private employers. The example chosen for the purposes of analysis is the discrimination against non-nationals practised by football clubs in most Member States of the Community, but it is suggested that the problem under investigation extends beyond football and indeed beyond sport, to discriminatory preferences which may be exercised by private bodies such as trade unions, professional bodies, employers, or employers’ associations. The legal issue which appears to pose most difficulty in this area is the potential overlap between Articles 48 and 85–86 of the Treaty of Rome. It is suggested that the discrepancies which exist between these provisions are accentuated by the possibility that action to combat the discriminatory rules may be taken on two levels, at Community level and/or at national level, making use of national systems of remedies before national courts. These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

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