Paper details 1. “The Court of Arbitration for Sport is often described as being at the ‘apex’ of the sporting justice system. However, it is far from perfect. CAS decisions can be subject to challenge before the Swiss Federal Tribunal, and significant questions remain over its composition, the choice of arbitrators, its procedures and its powers”. 2. “At its core, the European Union is about the breaking down national barriers. The rules on free movement and competition law should be seen in that context. However, as shown by Bosman and other cases, these principles can severely disrupt the way sport is organised in Europe. Although the Court of Justice of the European Union can refer to the specificity of sport, this does not resolve the fundamental tension”.
Please choose one of the statements and critically discuss this statement with reference (published academic literature) to relevant caselaw, regulations and legislation. Note: In addition, you should remember that a good answer does not simply quote from material presented in the readings and lectures: merely re- stating arguments put forward by other writers is no substitute for making your own case. It is also very important to remember, when you support your arguments with references to the writings/ideas of particular authors, to give complete references to the publications in question. Thank you.
