Kompetencje Unii Europejskiej w dziedzinie sportu a prawo jednostki do aktywności sportowej
Competences of the European Union in the field of sport and the individual’s right to sport

Summary/Abstract: The purpose of the article is to determine the importance of the Lisbon reform in the field of sport with regard to the fundamental rights of the individual, in particular the right to sport. The hypothesis that the European Union’s competence in sport, whether professional or amateur, has only a marginal effect or has no effect in strengthening or extending the rights of the individual practising or wanting to practise a sport in one or more EU Member States is examined. In the context of the legal system of the Union, the problem that needs to be examined is the existence (recognition) of fundamental rights in the field of sport itself, and in the second place the scope of these rights and their possible evolution. In view of the characteristics of the Union’s legal system, which is based on the transfer of competences by its Member States, the starting point of the analysis is the primary law of the Union regarding its competence in the field of sport, and then the provisions of that law that apply strictly to fundamental rights. Dogmatic analysis also includes the jurisprudence of the Court of Justice of the European Union. The conclusion that follows from the research is that the significance of the EU competence reform in the field of sport with reference to the individual’s fundamental rights is marginal.

• Details
• Contents