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Identifying Best Practice in Women's Football - FIFA/CIES ...

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world s<strong>in</strong>ce <strong>FIFA</strong>’s recognition of the CAS <strong>in</strong> 2002. If this is used as a reflection ofcommercialization and professionalism, then women’s football comes <strong>in</strong> well beh<strong>in</strong>d, <strong>in</strong>terms of there be<strong>in</strong>g only one notable case to come before CAS (Olympique Lyonnaise vsUEFA and Fortuna Hjornn<strong>in</strong>g, 2010), while men’s football is tak<strong>in</strong>g over a third of all CAS’s200 cases per year. 702.3.4 European UnionS<strong>in</strong>ce the sample for this research project is made up of European clubs, a brief review ofrelevant EU policies and laws was thought necessary. The development of a Europeanapproach to sport, as exemplified by the European Commissions 1999 Hels<strong>in</strong>ki Report andthe follow<strong>in</strong>g Nice declaration, showed that the nature of sport existed beyond nationalboundaries and regulations. Together with the European Commission White Paper on Sport, 71it was shown how sport permeated multiple aspects of life; from health and education tocompetition law and crim<strong>in</strong>al liability; from social <strong>in</strong>clusion and <strong>in</strong>tegration to freedom ofmovement and the protection of m<strong>in</strong>ors.The European approach is contrasted to the American model where the four ma<strong>in</strong>sports operate closed leagues <strong>in</strong> which professional athletes ply their trade. Hence, if anathlete falls out of the closed league structure <strong>in</strong> these four sports, the athlete is essentially atmost a semi-professional athlete, but most likely an amateur. This makes the def<strong>in</strong>ition ofprofessional rather simple <strong>in</strong> the US model. In contrast, the Independent European SportReview 2006 shows that European sport is based on a pyramidal structure that <strong>in</strong>volvespromotion and relegation, and that both amateur and professional sport is managed by sportassociations. 72 This makes the strict def<strong>in</strong>ition from amateur to professional somewhat lessclear and even more complicated <strong>in</strong> an emerg<strong>in</strong>g sport such as women’s football.In some cases, it would make sense to refer to EU labour law, which helps to def<strong>in</strong>ean employment relationship and hence a def<strong>in</strong>ition of a professional athlete as one who""""""""""""""""""""""""""""""""""""""""""""""""""""""""70 Louise Reilly, Counsel to the CAS. 19 May 2010.71 European Commission Sport (2009) White Paper on Sport. [WWW]. Available fromhttp://ec.europa.eu/sport/white-paper/whitepaper108_en.htm [Accessed 10/06/2010].72 Arnaut, Jose Luis, Independent European Sport Review, European Commission White Paper, 2006.##""

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