Part II of this paper reviews the Bosman holding in detail. Part III discusses UEFA's response to the Bosman decision. In Part IV, I apply the Bosman arguments and rationale to the Homegrown Rule. For the reasons discussed below, the Homegrown Rule is in danger of being found to be an invalid attempt to discriminate based on nationality in violation of Article 39 of the EC Treaty. This conclusion is supported both by the ECJ opinion in Bosman and by the EC's rejection of other proposed post-Bosman nationality policies. Finally, in Part V, I conclude with my opinion as to whether the Homegrown Rule should be invalidated, considering the unique nature of the "economic activity" of soccer. I suggest that the EC should reconsider its unwavering application of EU labor laws to the sport of soccer.
Briggs, Lindsey Valaine
"UEFA v The European Community: Attempts of the Governing Body of European Soccer to Circumvent EU Freedom of Movement and Antidiscrimination Labor Law,"
Chicago Journal of International Law:
1, Article 26.
Available at: http://chicagounbound.uchicago.edu/cjil/vol6/iss1/26