Richard Parrish

This chapter explores the relationship between sport and European Union (EU) competition law. Article 82 provides guidance as to the types of agreement that might be considered abusive. Collective selling in sport has only recently been addressed by the Commission of the European Communities. The significance of the Commission's approach lies in their willingness to acknowledge the specificity of sport. Ticketing arrangements for major sporting events arguably falls between the exploitation market and the contest market. EU law goes some way to protect the right of free movement for players in the EU. Despite the split that emerged between FIFA, UEFA and FIFPro, the Nice Declaration offered football's governing bodies an ideal opportunity to secure a favourable settlement with the Commission. The use of soft law poses some important questions for sports relationship with the EU. The soft law sporting principles contained with the separate territories approach are legally fragile.

in Sports law and policy in the European Union
Richard Parrish

This chapter outlines the legal context of sports relationship with the European Union (EU). The European Court of Justice (ECJ) rulings for Bruno Walrave, Gaetano Donà, George Heylens, Bosman, Christelle Deliège and Jyri Lehtonen receive particular attention. The ECJ has clearly established that sport is subject to EU law in so far as it constitutes an economic activity within the meaning of Article 2 of the Treaty. Article 39 covers the activities of private sports associations. The European Commission's attitude towards discriminatory practises in sport was somewhat contradictory. Article 39 covers any rules aimed at regulating employment in a collective manner. Sport is clearly subject to EU law and Article 39 is horizontally directly effective. Walrave and Donà served to widen the scope of the Treaty and afford greater protection to workers. Sport was transferred through a legal/regulatory venue involving a close relationship between the ECJ and the Commission.

in Sports law and policy in the European Union
Author: Richard Parrish

The increasing commercialisation of sport raises important questions concerning regulation. The development of the European Union (EU) and the internationalization of sporting competition have added an international dimension to this debate. Yet sport is not only a business, it is a social and cultural activity. Can regulation at the EU level reconcile this tension? Adopting a distinctive legal and political analysis, this book argues that the EU is receptive to the claim of sport for special treatment before the law. It investigates the birth of EU sports law and policy by examining the impact of the Bosman ruling and other important European Court of Justice decisions, the relationship between sport and EU competition law, focusing particularly on the broadcasting of sport, the organization of sport and the international transfer system, and the relationship between sport and the EU Treaty, focusing in particular on the impact of the Amsterdam and Nice declarations on sport and the significance of the Helsinki report on sport. This text raises questions concerning the appropriate theoretical tools for analysing European integration.

Richard Parrish

This chapter outlines the pre-Bosman environment where no sports policy subsystem operated. The emergence and composition of the pre-Bosman subsystem are reported. Additionally, it examines the institutional resources at the coalitions disposal. A belief in the primacy of negative integration is central to the deep core belief system of the Single Market coalition. Sport must abide by the fundamentals of European Union (EU) primary and secondary legislation. The socio-cultural coalition acknowledges that sport is not above the law. Not all sports bodies support the maximalists' agenda. Sabatier argues that competition between rival advocacy coalitions within the subsystem can generate policy change. Member state activity in sport has increased since Bosman. It is argued that compromise has been essential to the birth of EU sports law and policy. The birth of sports law is a tactic employed to avoid the use of legislation specifically directed at sport.

in Sports law and policy in the European Union
Richard Parrish

This chapter investigates the theoretical basis for European Union (EU) sports law and policy. The arguments forwarded by intergovernmentalists and neofunctionalists are reviewed. Hoffmann's obstinate nation state restricted itself to uncontroversial economic integration. Milward argues that the EU became an external support system for Europe's nations. Moravcsik's accounts of European integration focus on the preferences and power of the member states. Neofunctionalism remains clearly distinct from the intergovernmentalist camp in that neofunctionalism de-emphasises state capabilities in the regional integration process. Sabatier's Advocacy Coalition Framework (ACF) focus on competing advocacy coalitions within policy subsystems effectively captures the real nature of EU governance. He identifies a number of factors affecting the development of policy within a subsystem. The focus on the role of political institutions in shaping policy is the concern of new institutionalism. The interplay between actors and institutions creates policy-specific governance regimes within policy subsystems.

in Sports law and policy in the European Union
Elyse Semerdjian

This article discusses how Armenians have collected, displayed and exchanged the bones of their murdered ancestors in formal and informal ceremonies of remembrance in Dayr al-Zur, Syria – the final destination for hundreds of thousands of Armenians during the deportations of 1915. These pilgrimages – replete with overlapping secular and nationalist motifs – are a modern variant of historical pilgrimage practices; yet these bones are more than relics. Bone rituals, displays and vernacular memorials are enacted in spaces of memory that lie outside of official state memorials, making unmarked sites of atrocity more legible. Vernacular memorial practices are of particular interest as we consider new archives for the history of the Armenian Genocide. The rehabilitation of this historical site into public consciousness is particularly urgent, since the Armenian Genocide Memorial Museum and Martyr’s Church at the centre of the pilgrimage site were both destroyed by ISIS (Islamic State in Syria) in 2014.

Human Remains and Violence: An Interdisciplinary Journal
Open Access (free)
Jonah S. Rubin, Iñaki Robles Elong, Riva Kastoryano, Marije Hristova, Iosif Kovras, and Ivana Belén Ruiz-Estramil
Human Remains and Violence: An Interdisciplinary Journal
Jessica Auchter

The after-effects of mass atrocity – bodies and bones – struggle to be defined within memorial projects. This article seeks to examine the politics at play in displaying dead bodies to interrogate the role of materiality in efforts to memorialise and raise awareness about on-going violences. It focusses on the nexus between evidence, dignity, humanity and memory to explore bone display in Rwanda. It then takes up two artistic projects that play on the materiality of human remains after atrocity: the art of Carl Michael von Hausswolff, who took ashes from an urn at the Majdanek concentration camp and used them as the material for his painting, and the One Million Bones Project, an installation that exhibits ceramic bones to raise awareness about global violence. In thinking about the intersections between human biomatter, art and politics, the article seeks to raise questions about both production and consumption: how bones and ashes of the dead are produced, and how they are consumed by viewers when placed on display in a variety of ways.

Human Remains and Violence: An Interdisciplinary Journal
Open Access (free)
Caroline Fournet, Élisabeth Anstett, and Jean-Marc Dreyfus
Human Remains and Violence: An Interdisciplinary Journal
John Harries, Linda Fibiger, Joan Smith, Tal Adler, and Anna Szöke

This article will query the ethics of making and displaying photographs of human remains. In particular, we will focus on the role of photography in constituting human remains as specimens, and the centrality of the creation and circulation of photographic images to the work of physical anthropology and bioarchaeology. This work has increasingly become the object of ethical scrutiny, particularly in the context of a (post)colonial politics of recognition in which indigenous people seek to recover dominion over their looted material heritage, including the remains of their dead. This ethical concern extends to the question of how and under what circumstances we may display photographs of human remains. Moreover, this is not just a matter of whether and when we should or should not show photographs of the remains of the dead. It is a question of how these images are composed and produced. Our discussion of the ethics of the image is, therefore, indivisible from a consideration of the socio-technical process by which the photographic image is produced, circulated and consumed.

Human Remains and Violence: An Interdisciplinary Journal