CYIL 2014

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EUROPEAN ANTIǧDISCRIMINATION LAWAND THE LEGAL STATUS OF PROFESSIONAL ATHLETES

another aspect of European law which affects the position of workers in the EU. We

want to point out how EU anti-discrimination law may affect professional sport with

respect to selection criteria and recruitment conditions for athletes. The main goal

of this paper is to analyze the case of FC Steaua Bucureşti, which, on the one hand,

shows considerable scope for the application of anti-discrimination law in the field of

sport and, on the other hand, also clearly demonstrates how difficult the application

of anti-discrimination rules in the relationship between a professional sport club and

its player may be.

2. The legal framework

With regard to the topic of this paper is necessary to briefly outline the legal

framework of EU anti-discrimination law.

In addition to various prohibitions on

discrimination which have been enshrined in the EU founding treaties,

the EU

Charter of Fundamental Rights

and in the general principles of law derived from the

common constitutional traditions and the relevant international treaties, including

the European Convention for the Protection of Human Rights and Fundamental

Freedoms,

the current fundament of legal regulation has been laid down in a series

of directives aimed against discrimination in various areas of social life, such as access

to employment and access to goods and services.

As for the discrimination of employees we have to consider the Council Directive

2000/78/EC of November 27, 2000 establishing a general framework for equal treatment

in employment and occupation.

The Directive prohibits e.g. the discrimination of

job-seekers on the grounds of religion or belief, disability, age or sexual orientation.

A similar prohibition of discrimination in the access to employment is laid down in

the Council Directive 2000/43/EC of June 29, 2000 implementing the principle of

equal treatment between persons irrespective of racial or ethnic origin, and also in the

Directive 2006/54/EC of the European Parliament and the Council of July 5, 2006

implementing the principle of equal opportunities and equal treatment of men and

women in matters of employment and occupation.

As far as the possible discrimination of professional athletes is concerned, we assume

that, in practice, ethnicity and sexual orientation constitute the most relevant reasons

of prohibited distinction. There is less space for the application of other prohibited

grounds of discrimination, such as religious belief, disability, age or gender.

The above mentioned anti-discrimination directives do not apply only to access

to employment in the narrow sense. Regardless of the specific field of activity, the

For an overview, see Scheu, H. C. Unijní občanství a antidiskriminační právo EU,

Acta Universitatis

Carolinae Iuridica

2/2013, pp. 15-32.

Article 2 TEU and Articles 18, 19 and 157 TFEU.

Articles 20 and 21 Charter of Fundamental Rights of the EU.

See Article 14 ECHR and Additional Protocol No. 12.

According to its Article 3 the Directive shall apply to all persons, as regards both the public and private

sectors, including public bodies.