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UPA Perpustakaan Universitas Jember

Bosman and Athlete Welfare: The Sports Law Approach, the Social Policy Approach, and the EU Guidelines on Dual Careers

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This paper pleads for revisiting the ECJ’s 1995 Bosman ruling by jointly
using a sports law as well as a social welfare approach, which will yield partly
dissimilar yet potentially converging results regarding the precariousness of sports
employment and the socio-economic as well as psycho-social vulnerability of
players and athletes. The paper further advocates for using the 2012 EU Guidelines
on Dual Careers as a benchmark for soft-law based initiatives aimed at better
protecting players and athletes against the social risks associated with sporting
careers. Finally, the paper will demonstrate the need for an interdisciplinary discourse
on the challenges identified, involving legal, social science, social policy,
social work as well as genuine sport policy perspectives.

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