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Evolution Of Athletes Free Employment Rights Under EU Law

Posted on:2013-03-26Degree:MasterType:Thesis
Country:ChinaCandidate:T ZhangFull Text:PDF
GTID:2256330395988164Subject:Legal history
Abstract/Summary:PDF Full Text Request
When a common workers after the expiration of the contract in another job, no one willcondemn him, the more there won’t be any organization be punished, but in15December1995judgment before birth of the European Union bosman sport, any player do not enjoy thefree flow of right. Bosman ruling is the eu sports on the landmark legal feat, in the worldsports legal system also has the meaning of landmark. As Mr. XiaoYongPing points out, thatpeople have more and more sure the existence of the international law, though its still ingradually improve the process of development. To be sure, it has unique legal norms and lawprinciples, and has a unique dispute resolution system. Mr. GuoShuLi also points out, freeflow is the ec treaty gives the eu member states the basic right of citizens, to any of theserights restrictive provisions, even nationality and general and applicable, still a free flow ofobstacles. Since1993the Maastricht treaty since the effect, the European Union has been theemphasis on the establishment of a unified, freedom, and the opening of the market system topromote the European economic integration. And the sports industry internal rules for speciallabor elements since the achievement to the free flow of restrictions and eu demands isantipathetic. The author thinks that it is the important economic fundamentals finally drive theeu law the superstructure of transformation of the bosman ruling for the arrival of theopportunity to lay a solid. About the bosman ruling at home and abroad and the free flow ofathletes right mainly are:1, black shaw in his book "the sports dispute mediation" will sportas the European Union economic field, in the field of culture is an important industry, withemphasis on the analysis of the rules headed to complete its way to full legal considerations,and sports industry’s internal rules can only as a sort of mediation reference standard. This is agood way to solve the European Union law and sports rules status conflict, also to find thedeep bosman ruling legal basis.2, GuoShuLi in his book "the foreign sports legal systemresearch project", with a final structure concrete discussed the European Union and the eucountries in the free flow of rights law and the rules of the industry are introduced, and thehistorical background of the happened bosman ruling, but not from deep analysis rules andlaws of the conflict between the value, more no judgment puts forward to bosman reflection.3, HuangShiXi in his book"the European law research" bosman ruling will be divided intothree stages, and with detailed case to country, but for the European Union law and sports industry internal conflict rules without making further in this paper.4, WangQian in thebosman principle some enlightenment to us,"in an also emphasized in the externalenvironment with change, particularly as the European integration process accelerated, andpromoted the labor law agreement between countries of the birth of the move has declared thesports industry rules directly of the many violations. The eu sports industry internal rules inthe past for a very long time and plays the role of the common law, rose to extinguish theinferno role, but not to rise to the law or the height of the case, although a vast practitionersbeliefs, but can’t change the fact that the shallow foundation. Contemporary people’sconsciousness of right of further deepening, the rules also naturally became illegal, andeventually evolved into a a bosman ruling as a representative of the European Union law andsports industry of the rules of the game conflict. This paper from the conflict that the threestages of the free flow of the evolution of the athletes right to reveal the true meaning of thelaw of the judgment of free.
Keywords/Search Tags:Bosman Ruling, the European Union Law, Sports Internal Rules, Free FlowRights
PDF Full Text Request
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