Explain and evaluate the inception, extension and application of the ‘sporting exception’ principle by the Court of Justice of the European Union.

European Sport Law and policy

Coursework question: Answer ONE of the following questions

Identify, explain and critically assess the impact, existing and prospective, of Article 165 TFEU on the regulation of sport in the European Union.

OR

Evaluate the approach to, and application of, the notion of the specificity of sport by the institutions of the European Union; to what extent are those approaches consistent and coherent?
OR

Explain and evaluate the inception, extension and application of the ‘sporting exception’ principle by the Court of Justice of the European Union.

MAXIMUM WORD LIMIT: 3,000 words
ASSESSMENT CRITERIA

The marking criteria will adhere to the grading descriptors for Level 7 and as such marks
will be awarded for the following:

Knowledge – Know and understand complex subject matter, accurately and in detail.

Analysis – Assess multifaceted problems, identify relevant law and legal issues, and articulate and justify that assessment.

Evaluation – Appraise relevant law and/or legal institutions by reference to:

(1) coherence,consistency and logic, including internal constructs such as statutory interpretation and
precedent and, where appropriate, comparative analyses;

(2) relevant external factors, extending to wider considerations including, but not limited to, economic, social, political,
philosophical, ethical and moral contexts; and (3) reconciliation of competing and/or
conflicting theories and propositions.

Synthesis – Deploy appropriate techniques, such as inductive and deductive reasoning and analogy, to distil coherent lines of reasoning from multiple sources.

Critique – Construct a sophisticated response to the research question or topic – incorporating appropriate knowledge, analysis, evaluation and synthesis – adopting a structure which supports the development of a logical and incremental narrative and which reflects the relative significance of the subject matter.

Conclusions – Construct and articulate conclusions which are supported and justified by analysis, evaluation and synthesis – incorporating the articulation of reasoned criticisms, of proposals for reform and of innovative solutions to identified problems.

Research – Identify, select, locate and digest relevant primary and secondary sources, and deploy them in informing, underpinning and evidencing articulation of the analysis,evaluation and critique of relevant law and legal institutions.

Expression – In light of the foregoing criteria, articulate these in a tone, register and format appropriate to the presentation of academic legal writing, including deploying legal terms and ideas appropriately and accurately; write concisely and fluently and observe high standards in spelling, grammar and syntax.

Referencing and Citation – Identify and acknowledge sources and authorities by providing accurate citations, references and a bibliography, in accordance with the prescribed referencing scheme (OSCOLA).

https://b-ok.cc/ – contains a lot of ebooks on the subject. Including those in the listed in the documents.

In relation to the first question – article 165 The structure to be used is to best to start with a brief history of how article 165 was negotiated and enacted.

There is a whole section of this in the ‘principle and practice in EU sports law’ by Stephen Weatherhill titled the road to 165 – section 6.6. A section on the implications and different opinions on the influence of 165. And another section on the developments based on 165 since 2009. Hope this is helpful.

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