足球运动与欧盟法律

Football and the Law of European Union

博斯曼案件在加快欧盟足球法律化进程的同时 ,亦加剧了足球运动传统的制度和规则与欧盟法律的冲突 ,欧盟现已提出了指导体育法律实践的基本原则 ,但该原则在欧盟范围内足球界转会问题、队员与球队的国籍问题、关联俱乐部球队之间的比赛问题以及电视转播权问题等等 ,还有待实践检验。欧盟足球运动必须接受欧盟法律的指引 ,但有关方面同时在具体法律实践中也必须考虑到足球运动的特殊规律。

The Bosman case results in not only accelerating the process of rule of law for European Union football,but also deepening the conflict between the conventional system and rules of football and European Union laws.EU has set up some fundamental legal principles to guide the practice of sport,but the effects of the application of these principles to some football issues within EU which include the football transfer fee,the nationality of players and teams,the match between affiliated football clubs and the television broadcasting rights and so on,are still need the test of practice.Thus it is important to find an appropriate balance in order to guarantee compliance of EU football with EU laws while respecting the particularity of football in the process of law practice.