ESPANA

Spain

Spain (Photo credit: NASA Goddard Photo and Video)

SUMMARY

SPORT LAW IN SPAIN

Spain is interventionist in the field of sports law.

THE CONSTITUTION

As in France, the Spanish State seems to be quite active in codifying sport activities. Even more so, Spain’s supreme law, in other words, Spain’s Constitutions specifically deals with sports.

Indeed, articles 43.3 and 18.1.19 of the Spanish Constitution specifically talks about sport as a fundamental right of Spanish citizen.

As such, article 43.3 (under Part I-Fundamental rights and Duties of the Constitution) reads as follows (translation by the Spanish government website)

The public authorities shall foster health education, physical education and sports. Likewise, they shall encourage the proper use of leisure time.’

However the Constitution leaves the door wide open for the competent public authorities as how to manage such access to sports in the Kingdom of Spain.

Speaking of the competent authorities, the Constitution in article 148 leaves it to the Self-governing Communities  Indeed, article 148.1.19 reads as follows

  1. The Self-governing Communities may assume competences over the following matters:

19.ª The promotion of sports and the proper use of leisure.

THE 1990 SPORT LAW

As stated in its first article, the Spanish Sport Law of 1990  confirms that;

a)  the practice of sport in Spain is free and on a voluntary basis;

b)  Sport activities are seen as cultural event that will be mentored and encouraged by the government of the competent State;

c) On the other hand, each State shall recognize and stimulate organizational and promotional activities developed by sports associations;

d) The exercise of the respective roles of the state sector and the private sector in the sport shall conform to the principles of responsible collaboration between all stakeholders.

To read the sport law of 1990, please click here (in Spanish)

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WEBSITES ON SPANISH SPORT LAW (in spanish).

IUSPORT (excellent!)

This elaborated  website provides sports news from a legal perspective. It is intended for lawyers, technicians and sports agents . While the idea of creating this site was born in Las Palmas de Gran Canaria (Canary Islands, Spain), today has newsrooms in Barcelona, Madrid, and in most countries of Latin

STUDIES

Where to study sport law in Spain?

LL.M. in International Sports Law at ISDE

TO READ

Octava edición de la Legislación deportiva del profesor Antonio Millán Garrido.For more info, please click here

The sport law of 1990 (in spanish). To read please click here.

Soccer & Society Identity, nation‐state and football in Spain. the evolution of nationalist feelings in Spanish Football

This essay shows the importance of the identity component in the development of Spanish football from its birth at the beginning of the twentieth century, when football was organized at a regional level, until the present time when football reflects the democratic and post‐national Spain created after the arrival of democracy in the last quarter of the twentieth century.

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