Between Autonomy and EU Law: The European Sport Model in the Era of lex sportiva

Background.
The formalisation of sports law within the European Union (EU) has progressively reshaped the governance of sport. From the landmark Walrave and Koch judgement (1974) to Article 165 TFEU, and most recently, the Diarra case, EU law increasingly interacts with the autonomous regulatory framework known as lex sportiva. This dual system reflects a balance between the EU’s marketoriented legal order and the self-regulatory structures developed by international sports federations and consolidated through the Court of Arbitration for Sport (CAS). Within this framework, the European Sport Model, based on openness, solidarity, and a pyramid competition structure, faces mounting pressures from commercialisation and alternative regulatory models.

Methods.
The article employs a doctrinal legal methodology, supported by a contextual institutional analysis. It examines the Court of Justice of the European Union’s (CJEU) case law, Article 165 TFEU, European Union (EU) competition law principles, and selected CAS jurisprudence. These primary sources are assessed alongside scholarly literature on lex sportiva, the European Sport Model, and governance reform to evaluate the evolving relationship between EU law and transnational sports regulation.

Results and Conclusions.
The analysis shows that EU sports law has developed towards a structured coexistence with lex sportiva rather than hierarchical control. CJEU jurisprudence confirms that sport is subject to EU law when constituting economic activity, while recognising its specific nature. Lex sportiva, reinforced by CAS arbitration, ensures regulatory coherence and practical harmonisation across jurisdictions. At the same time, the European Sport Model promotes solidarity and ethical governance but faces tension when confronted with scrutiny under competition law and increasing commercialisation. Good governance principles have emerged as a key mechanism for reconciling autonomy with accountability. The European Sport Model and lex sportiva function in a complementary partnership. Lex sportiva operates as the primary regulatory framework, while the European Sport Model provides normative oversight rooted in EU values. Maintaining this balance is essential for ensuring transparency, fairness, and legal coherence in European sport.