"Accelerated" Naturalisation for National Representative Purposes and Discrimination Issues in Individual and Team Competitions under EU Law

By Siekmann, Robert C. R. | The International Sports Law Journal, July-October 2011 | Go to article overview

"Accelerated" Naturalisation for National Representative Purposes and Discrimination Issues in Individual and Team Competitions under EU Law


Siekmann, Robert C. R., The International Sports Law Journal


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) naturalization. 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.

1. Introduction

Nationality is both in international and national law an important connecting factor for the attribution of rights and duties to individual persons and States. Under international law States have for example the right to grant diplomatic protection to persons who possess their nationality. Under national law the obligation to fulfil military service and the rights to become a member of parliament or to have high political functions are frequently linked to the possession of the nationality of the country concerned. However there is no standard list of rights and duties which normally are linked to the nationality of a State under national and international law. National States are in principle autonomous in their decision which rights and duties will be connected to the possession of nationality, whereas under international law the consequences of the possession of a nationality are also a subject of discussion. Nationality can be defined as "the legal bond between a person and a State". This definition is, inter alia, given in Article 2(a) of the European Convention on Nationality (1997). Article 2(a) immediately adds the words "and does not indicate the person's ethnic origin". In other words, nationality is a legal concept and not a sociological or ethnical concept. The nationality of a country in this legal sense is acquired or lost on the basis of a nationality statute. A person possesses a nationality if he or she possesses this nationality by virtue of the general nationality statute or other relevant legislation, rules of implementation, case law and legal practice. (1)

Sport and nationality (or: nationality in sport) is a complex issue with diverse manifestations. The first main question which will be dealt in this article 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. Are there nationality statutes etc. which also have specific "sporting nationality" provisions (provisions for representative sporting purposes)? Or does the determination of "sporting nationality" completely belong to the jurisdiction of organized sport, in which case the international sports federations in principle still could refer to the general legal nationality ("passport nationality") of teams and sportspersons, or could have their own different rules and regulations to provide for the eligibility of sportspersons for international competition. …

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • A full archive of books and articles related to this one
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

"Accelerated" Naturalisation for National Representative Purposes and Discrimination Issues in Individual and Team Competitions under EU Law
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

    Already a member? Log in now.