This chapter explores the future of European Union (EU) sports law and policy. The Bosman ruling led to the creation of the sports policy subsystem. A system of law governing the practice of sport is emerging in the EU of which the use of soft law is a particular feature. For the Single Market coalition, soft law does not legally challenge entrenched Treaty principles. For the socio-cultural coalition, soft law, although less satisfactory, allows for the construction of the separate territories approach which can safeguard sports autonomy. The future of sports law and policy is likely to be influenced by developments external and internal to the EU. The Single Market coalition and the socio-cultural coalition possess the institutional resources to undermine each other's deep and policy core belief systems. Sport should recognise that the EU is remarkably receptive to claims of special treatment.
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The defining characteristic of European Union (EU) sports policy is the construction of a discrete area of EU sports law. EU sports law extends beyond the mere application of law to sport, to the construction of a legal approach for dealing with sports disputes which allows both the EU's regulatory and political policy objectives for sport to co-exist within the EU sports policy framework. The emergence of a coordinated EU sports policy held together by a discrete area of sports law is a new development in the EU. The sports policy subsystem is composed of two advocacy coalitions: Single Market coalition and socio-cultural coalition. The construction of the separate territories approach for dealing with legal disputes involving sport is the defining characteristic of coordinated sports policy. The future debate on the relationship between sport and the EU will be dominated by the issues of sports law and doping.