Do the provinces have exemptions from EU labour law?

[thirtynil]

Putting restrictions on the number of French, Italians, English that you can hire...that's kinda against EU labour law, right?

Do the provinces, or sports teams in general, get different treatment to other employers under EU law? Or am I missing something?

Cheers

[cormac]

Putting restrictions on the number of French, Italians, English that you can hire...that's kinda against EU labour law, right?

Do the provinces, or sports teams in general, get different treatment to other employers under EU law? Or am I missing something?

Cheers

Putting quotas on EU citizens playing for Irish rugby squads is against the law but I doubt that the IRFU has put those limits on NIQs in writing anywhere. Plus, who exactly is going to launch a complaint about it?

[dropkick]

The EU cant stop it. I don't think theres anything written down officially by the irfu. I had a quick Google and the subject was raised many years ago so I think the irfu would be aware of it and don't say anything officially.

[Dave Cahill]

Putting quotas on EU citizens playing for Irish rugby squads is against the law

No, it isn't. Home based player quotas are legal for Sports Governing Bodies.

[cormac]

Putting quotas on EU citizens playing for Irish rugby squads is against the law

No, it isn't. Home based player quotas are legal for Sports Governing Bodies.

When did this change?

[Dave Cahill]

It never changed. It has always been the case


Edit: If anyone ever says that sports can't discriminate on the basis of nationality, I have two words for them. National team.

[thirtynil]

Plus, who exactly is going to launch a complaint about it?

Oh there's always someone! As t -> infinity the probability that someone complains -> 1.

But I'm not too bothered about that. I was wondering a) if it was against the rules and /or b) if there was a specific piece of legislation that exempts sports teams.

[thirtynil]

It never changed. It has always been the case


Edit: If anyone ever says that sports can't discriminate on the basis of nationality, I have two words for them. National team.

Yeah I guessed the same principle applied to the provinces. I was just wondering if the EU have it stated in a piece of legislation.

Did a bit more digging. Courtesy of the EU Commission, we have this monster report on treatment of non-nationals in various sports (although not including rugby).
https://ec.europa.eu/assets/eac/sport/l ... 010_en.pdf

From the Exec Summ:

The Court of Justice of the European Union has in its case law sought to strike a balance
between protecting EU citizens’ rights to free movement and non-discrimination, and the
specific characteristics of sport and the autonomy of sports governing bodies to organise
sporting competitions. It has accepted that nationality rules in national team sports are
matters of ‘purely sporting interest’ which have ‘nothing to do with economic activity’ and are
therefore outside the scope of EU law. It has in later cases considered that some rules are
‘inherent to the organisation and proper functioning of sport’ and therefore do not in law
constitute restrictions of EU free movement rights even where the situation is otherwise
within the scope of the EU treaty. Where the Court has found that a sporting practice has
restricted freedom of movement rights, it has carefully considered the justifications put
forward to examine whether such rules are both justified and proportionate. In so doing the
Court of Justice has accepted a number of sports-specific justifications such as the need to
educate and train young players and the need to ensure the regularity of competitions. It may
even be argued that the Court might accept justifications for nationality rules in sport which
would not be acceptable in the context of other activities, thereby recognising that the
specific characteristics of sport require specific treatment within EU law.