possibilities of collective bargaining between the employers andemployees in the football sector under the umbrella of the EuropeanCommission. He suggested that the Social Dialogue could deal withissues such as the transfer system, match calendar, nationality quotasor player release for national team duty. The debates identified twoproblems for the Social Dialogue to work effectively. First, the representativenessof the social partners, especially in the employers’ side(who represents the employers? Is it clubs, leagues, federations?).Second, the extent to which social dialogue could be used to regulateon issues beyond its remit without giving due consideration to thirdparties (e.g. doping regulations, match calendar or release of playersto national teams).It was evident in the discussions that the study of sport and sportpolicy in the European Union needs to deal necessarily with a multiplicityof actors and venues. This is due to the very own nature ofsport and the EU as multilevel, international and multidimensionalsystems of governance. So far, much of the academic research hasfocused in the EU level. In this regard, Borja García (LoughboroughUniversity, UK) considered the evolution of the relationship betweenUEFA and the European institutions from confrontation in the 1990sto co-operation for the good of the game nowadays. García argued thatthe involvement o the EU in sport represents both a challenge and anopportunity for sport governing bodies. The EU has facilitated thetransformation of the traditional vertical channels of authority in thegovernance of football, but it is also providing tools for UEFA tomanage the new demands of stakeholders in the regulation of thegame.Simona Kustec-Lipicer (University of Ljubljana, Slovenia) complementedthe Brussels-centric focus of the workshop with her paper onmulti-level governance and the Slovenian contribution to theEuropean Commission White Paper on Sport. Despite the interventionof EU institutions, sport remains a competence of MemberStates and, as such, research needs to deal with systematic comparisonnot only across countries, but also among different sports, as well asin relation to supranational levels and their policy processes.It is necessary not to treat sport as a single homogeneous entity. Tothat extent, despite being relatively football-centric, the workshopprovided a wide range of views clearly stressing both the differencesand the interconnections of the professional and grassroots levels.James O’Gorman (Staffordshire University, UK) explored the possibleover regulation of grassroots football by the English FA. The solidarityprinciple between professional and grassroots sport, which is supposedto underpin the European Model of Sport, was identified asanother challenge for sport governance and public policies.One of the most interesting points of the workshop was the contributionof football supporters’ organisations, which tend to be sidelinedin these debates. Dave Boyle (Supporters Direct) and StevenPowell (Football Supporters Federation of England and Wales) contemplatedthe growth of EU policy on sport as an opportunity forsupporters to become increasingly involved in debates surroundingthe future of professional football. It remains to be seen, though, thefeasibility of extending this participation throughout Europe as theengagement of civil society differs quite a lot across the continent andfootball is another example of this.The conclusions of the workshop illustrate the maturity of sport asa research area within European and even international studies.Richard Parrish (Edge Hill University, UK) highlighted the seriousnessof the academic work and the advance of the discipline. Thestudy of sport and the EU has gone from a mere recompilation of EUsport-related decisions to open debates about governance, regulation,civil society participation or europeanisation. During the workshop,delegates stressed the need for further and comprehensive research inthis area. Both academics and practitioners agreed that the governanceof sport in Europe is becoming a crowded and complicatedenvironment, in which rigorous research is needed to inform policychoices, which often seem to be taken based on personal beliefs orideology.More information about the workshop can be found atwww.sportandeu.com/workshopBorja GarcíaLoughborough University, United Kingdom❖speakers:International Sports Law SeminarMonday 21 April <strong>2008</strong>, kick-off: 14.00 hours“Webster, DRC and CAS: A New Bosman?”Prof. Frank Hendrickx, Universities of Leuven and TilburgMr Frans de Weger, De Vos attorneys at law, AmsterdamDr Steven Jellinghaus, De Voort Hermes De Bont attorneys at law, TilburgPresentation ofThe Jurisprudence of the FIFA Dispute Resolution Chamber,T.M.C. <strong>Asser</strong> Press, The Hague <strong>2008</strong>moderators: Dr Robert Siekmann, ASSER International Sports Law Centre, The HagueDr Stefaan van den Bogaert, University of Maastrichtvenue:T.M.C. <strong>Asser</strong> <strong>Instituut</strong>, R.J. Schimmelpennincklaan 20-22, The Hague, The Netherlands116 <strong>2008</strong>/1-2CONFERENCES
The Jurisprudence of the FIFADispute Resolution ChamberBy Frans de Weger, <strong>TMC</strong> <strong>Asser</strong> Press, The Hague, The Netherlands,<strong>2008</strong>, pp. 728 + XIII, ISBN 978-90-6704-271-0, Price: GBP 110.00This is the latest Book published in the <strong>Asser</strong> International SportsLaw Series and is a most welcome addition to this Series on such animportant subject. Once again, a first in its field!The author, Frans de Weger, is an International Sports Lawyer inthe Law Firm of De Vos & Partners, Amsterdam and also a FIFALicensed Players’ Agent. After a couple of introductory chapters onthe nature, organisation, composition and procedure of the FIFADispute Resolution Chamber (DRC), which was set up in 2001 forthe purpose of resolving disputes concerning the international statusand transfer of football players, and the classification of DRC cases,which include termination of players’ employment contracts, compensationclaims for training compensation for young players andappeals against sporting sanctions; the Book essentially consists of thetexts of the rulings of the DRC in 172 selected cases, with, in a numberof cases, helpful comments from the author. These include oneson the landmark Andrew Webster case, a case involving the prematureand unilateral termination by the player of his contract of employmentafter the expiry of the so-called ‘Protected Period’, which wasappealed to the Court of Arbitration for Sport (CAS), and whoseextensively argued and detailed Award was rendered on 30 January,<strong>2008</strong>. In fact, all rulings of the DRC are appealable within 21 days ofthe notification of the decision to the CAS and many of them, in fact,are appealed, thus accounting - in no small measure - for the everincreasing workload of the CAS! In many respects, therefore, it maybe added, that, in setting up the DRC, FIFA has created somethingof ‘a monster’. The rulings of the DRC are contributing, in a numberof respects, to the so-called developing ‘Lex Sportiva’, as also is the significantjurisprudence being developed by the CAS itself in manyappeal cases. All of this is helping to establish some degree of legal certaintyin relation to sports disputes, which, because sport has becomesuch big business, are constantly on the increase. In this respect, however,the author draws attention to the important fact that some decisionsof arbitral bodies of the national football associations, whichmake up the membership of FIFA, are not always in line with decisionsof the DRC, and quite rightly calls upon FIFA to give moreattention to the DRC.The Book also includes a number of useful Annexes, including thetexts of the FIFA Regulations for the Status and Transfer of Players,including some notes on the latest version of them, which came intoforce on 1 January, <strong>2008</strong>, drawing attention to what is described as “aremarkable” provision in Article 18b prohibiting clubs concludingcontracts that enable third parties to exercise influence on the independenceof clubs and the decisions taken by clubs concerning thetransfer of players; and also the DRC Rules of Procedure.The Book is complemented by a List of Abbreviations, Tables ofRegulations and Cases and a workmanlike Subject Index.Writing in the Foreword to the Book, the former FIFA GeneralSecretary and Head of the FIFA Legal Division, Michel ZenRuffinen, points out: “The author, Frans de Weger, and the publishersdeserve to be warmly thanked and congratulated for producing this book,which will, I am sure, prove to be an invaluable work of reference andguidance for all concerned.”Your reviewer would entirely agree with that and is more thanhappy, therefore, to recommend the Book!BOOK REVIEW❖The Legality of Boxing: A PunchDrunk Love?By Jack Anderson, Birkbeck Law Press, Oxford, 2007, pp. 216 + XIX,ISBN 978-0-415-42932-0, Price GBP 70.00Boxing has had a rather chequered history since its origins in prizefighting, evolving into the glove bout sport of today and the adoptionof the so-called ‘Queensberry Rules’ in 1865. These Rules, inter alia,prescribed the use of boxing gloves, three-minute rounds (with oneminute in between them) and the ten-second count when one of theparticipants is down, as well as disallowing wrestling and hugging! Atthe end of the Nineteenth Century, the sport was exempted from theordinary law of violence on the grounds that it was a well- and selfregulatedsport practised by mature consenting adults whose intentions- notwithstanding that the object of the exercise was to inflictphysical harm on each of the opponents - were largely sporting innature.The author of this Book, Jack Anderson, a law lecturer at Queen’sUniversity, Belfast, Northern Ireland, puts the subject into its historicaland social context, and traces the legal response to prize fightingbetween 1820 and 1920 and developments in boxing from then untilthe present day, analysing the current relationship between theCriminal and Civil law and boxing. In his Preface, the author confessesto being a fan of boxing and also acknowledges his uneasiness withmany aspects of the professional code, which he points out is themotivation for writing the Book, stating that “it is that sense of uneasethat this personal study seeks to confront.”In his legal review of the relationship between boxing and theCriminal Law, particularly section 47 of the Offences Against thePerson Act of 1861, which created the offence of assault occasioningactual bodily harm, Anderson analyses the 1993 leading case of R vBrown, in which the House of Lords by a 3:2 majority held (in thewords of Lord Templeman) that:“Even when violence is intentionally inflicted and results in actualbodily harm the accused is entitled to be acquitted if the injury was a foreseeableincident of a lawful activity in which the person injured was participating.....[forexample].....violent sports including boxing are lawfulactivities.”And talking of violence, one recalls the words of Walker Smith, aka‘Sugar Ray Robinson’, a famous fighter of his time: “I ain’t never likedviolence”. Words which illustrate and sum up the contradictions thatthe sport of boxing throws up.The author also discusses the landmark case of Michael Watson in2001, in which he successfully sued the British Boxing Board ofControl (BBBC) in negligence for failing to provide adequate ringsidemedical treatment. He was awarded £1million damages for the seriousbrain damage he suffered as a result. As the author points out the caseput into question the BBBC’s effectiveness as a regulatory agency,reinforcing the need for “a root-and-branch reform of the governance ofthe professional sport in Britain.” Notwithstanding, the BBBC survivedand remains the sports governing body in the UK today.The author also deals in the Book with the philosophical, moral,ethical and medical considerations of boxing, reaching the conclusionthat modern boxing should undergo a fundamental transformationrather like the one that prize fighting underwent a century or so ago.This Book, which includes an extensive Bibliography, is a thoughtprovokingand well-researched study of a sport that, despite its widespreadpopularity around the world, is constantly teetering on theedge of the abyss. Should boxing be banned? The question remainsunanswered: the jury of public opinion is still out!<strong>2008</strong>/1-2 117
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