Sport and Nationality: “Accelerated” Naturalisation for National Representative Purposes and Discrimination Issues in Individual and Team Competitions Under EU Law

Abstract

Sport and nationality is a complex issue with diverse manifestations. The first main question which will be dealt in this paper is how so-called national teams that represent a country in international (“inter-state”) competition (Olympic Games, world and regional championships, and other representative sporting events) are composed—on the basis of the legal nationality of their members, or on the basis of a special “sporting nationality” according to which additional or other criteria are applicable whether a sportsperson is allowed to participate in the national team. The same question arises with regard to individual athletes who represent a country in international competition. This question will be discussed in particular in the context of the problems that have been created by what may be called accelerated (quick) naturalisation (“passport shopping”). The second main question is how “sporting nationality” is regulated outside the scope of national representation, that is at the level of national club team and individual competition. May sportspersons from abroad participate in the club competitions in other countries of which they do not possess the legal nationality, in particular under EU law? In this paper we will discuss topical discrimination issues: the discrimination of non-team sportspersons in individual national championships; and: the discrimination of professional football players: the FIFA 6+5 and UEFA home grown players rules.