The CCR declared the law limiting the number of foreign players in team sports unconstitutional
The Constitutional Court declared unconstitutional, on Wednesday, the draft law which stipulates the obligation of national sports federations to establish a share of the participation of Romanian performance athletes in official national sports competitions, in team sports, which cannot be less than 40% of the total number of participating athletes, informs News.ro.
The Constitutional Court, with a majority of votes, admitted the objection of unconstitutionality formulated by the President of Romania and found that the Law for the completion of the Physical Education and Sports Law no. 69/2000 is unconstitutional as it violates the right to free movement of workers in the European Union, creating a more favorable legal treatment for Romanian athletes in relation to European athletes.
The Constitutional Court held that the provisions of art. 37 ind. 1 of Law no. 69/2000, introduced by art. I pt. 1 of the law subject to constitutional review, provide for the obligation of national sports federations to establish a weight of the participation of Romanian performance athletes in official national sports competitions, in team sports, which cannot be less than 40% of the total number of participating athletes.
“The Court observed that this regulation has the result of limiting the possibility of citizens from other members of the European Union to be included in teams in this type of competitions, creating an obstacle in the exercise of their right to free movement. Therefore, the Court found that there is a violation of Article 148 paragraph (2) regarding the integration of Romania into the European Union, by reference to Article 18, regarding non-discrimination and Article 45 regarding the free movement of persons, services and capital from The Treaty on the Functioning of the European Union and by reference to art. 15, regarding the freedom of choice of occupation and the right to work, and art. 21 paragraph (2), regarding non-discrimination on the grounds of citizenship, from the Charter of Fundamental Rights of the European Union”, the CCR press release states.
Also, the Constitutional Court observed that the other provisions of the Law for the completion of the Physical Education and Sports Law no. 69/2000 are closely related to the provisions of Article I point 1 of this law, being unconstitutional for the same reasons.
The Court points out that, according to the provisions of art. 148 paragraphs (2) and (4) of the Constitution, following Romania's accession to the European Union, the provisions of the constitutive treaties of the European Union, as well as the other binding community regulations have priority over the contrary provisions of internal laws, and the Parliament, the President of Romania, the Government and the judicial authority guarantee the fulfillment of the obligations resulting from the act of accession and from the provisions of paragraph 2.
The decision is final and generally binding.
