For those interested in the impacts on the sport sector following Britain's exit from the European Union, whether one variously considers those impacts as inevitable, likely or just a possibility, it is worth reading this two-part blog article by Marine Montejo at The Asser International Sports Law Centre. Montejo's article provides some of the basic facts about Brexit and some of the likely impacts of the new relationship between Britain and Europe once the divorce is complete.

Freedom of Movement

Montejo argues that Brexit "might have an important impact on [a] significant number of people working in the sport sector". Free movement of workers is a fundamental principle of the Treaty enshrined in Article 45 of the Treaty on the Functioning of the European Union. We know that freedom of movement applies to everyone in sport whether amateur or professional, self-employed, coach, agent, physio or chief executive. People in these positions who have hitherto had regular, unimpeded travel schedules across the EU may find their working practices changed considerably after Brexit, once any future visa considerations in the new agreement are taken into account.

Once the UK is independent from EU law however, as Montejo points out, there will be less restrictions on applying quotas favouring domestic players. Currently, "quotas of players based on nationality or favouring their own athletes [is] completely forbidden under EU law". As it stands, Premier League squads are limited by a quota policy of home-grown players, although their definition of 'home-grown' includes foreign players developed at UK academies, whereby the EU's restriction on teams discriminating on players by nationality is circumvented. Sports federations and governing bodies operating independently from EU law would be free to introduce further such quotas directly favouring domestic athletes.

Montejo states that freedom of movement associated with EU citizenship may also affect travelling supporters, both to and from the EU, who might face new restrictions on crossing UK/EU borders. Any new visa restrictions and/or increased financial & administrative costs will have knock-on effects on the organisation of sporting events and the attendance of fans at European match fixtures both at home and abroad. Any travel disruption will be exacerbated by the likelihood that UK citizens will no longer be automatically entitled to state-provided healthcare in the EU: this will affect travel insurance and incur associated costs & administration.

Furthermore, the ending of mutually recognised qualifications would also indirectly impact on freedom to travel for working reasons in the EU. Sports qualifications, where not issued by international bodies such as FIFA, may cease to be recognised across borders once Britain leaves the EU, impacting the employment prospects of sport sector workers such as coaches and sport scientists.

Broadcasting

Broadcasting is another area where this article highlights how circumstances may change in the absence of EU legal influence. In 2005, the European Commission allowed the Premier League to sell collectively, but ruled that no single provider could broadcast Premier League matches live, bringing an end to Sky's broadcasting monopoly. The competition commissioner succeeded in having the bidding process opened up, the idea being that greater choice would benefit the consumer. Laws on media rights, such as the "no single buyer" rule, will no longer apply in the same context and our Parliament and regulators will have to agree the principles and enshrine these in national law.

The same applies to other rules originating from the EU, including those on citizens' right of access to various media providers under the free movement of provision of services principle. Britain's creation of the sporting "crown jewels", which by law, must be made available on free-to-air television, was a policy emanating from the EU's "Television Without Frontiers" directive, and would also have to be integrated into UK law were The Government to decide to keep it. Furthermore, mutual recognition of media providers would also be lost in the absence of the same directive, impacting broadcasters based in the UK engaging in cross-border activities unless new arrangements can be made.

Funding

As we saw in Ben Gittus's recent article for this website, access to funding is an issue of significant importance to sport in the UK. It is estimated that the EU's Erasmus+ scheme, the European Union's programme for education, training, youth and sport is worth €14.7bn across the seven years 2014-2020. Post-Brexit, access to the funding, and any expansion to this funding, will be lost to organisations in the UK.

Conclusion

As Steve Lawrence's series of Brexit articles for The Sports Think Tank highlighted, there are many different forms our new relationship with the EU could take after the completion of negotiations: whether agreements can be made to maintain a level playing field between us is the big unknown. Given the often unique approach to sport in this country, whether it is carving out a place for collective selling; finely balancing a 'crown jewels' policy; that our fans travel in number, far and wide to watch our sports teams; or that we compete both as the UK and as separate nations, it is unlikely that our sporting exit from Europe will be anything from the text book. What we will do is debate, argue and work it out our way. And in doing so we may just rethink how sport in the 21^st Century could be for the next 100 years.

Luke Regan and Mark Balcar are Researcher and Director of The Sports Think Tank respectively.