Sport, Law & Entrepreneurship: A unique elective at Erasmus School of Law

"The idea behind this course is to give students a complete and realistic understanding of the legal and economic structure of the sports sector," Branco Martins explains. "For a long time, sports were seen as a special sector, but the trend is now clear: clubs and federations are increasingly considered businesses that must comply with general laws, such as competition rules, labour law, and contract freedom. The tension between the unique characteristics of the sports world and the legal frameworks within which it operates is central to this course." 

Bridging law and sports 

According to Branco Martins, the unique aspect of this course lies in the combination of academic depth and practical insights. Students will attend lectures by four professors, supplemented by guest speakers from the industry. "We cover topics such as governance, transfers, labour law, contracts, and arbitration, placing them in the context of current developments," says Branco Martins. "Additionally, I bring my experience as a lawyer into the classroom. This means we do not just discuss theory but also the concrete consequences of regulations and case law." According to Branco Martins, the Rotterdam mindset - practical, direct, and results-oriented - is a key theme in the course structure. 

Developments in sports law

In recent years, the autonomy of sports federations has come under increasing scrutiny. "Cases involving the International Skating Union and Mark Tuitert, as well as high-profile issues such as the Super League, illustrate this trend," Branco Martins explains. "These rulings have confirmed that sports organisations cannot simply create their own rules without considering broader legal principles." 

Branco Martins also highlights an ongoing case before the European Court of Justice concerning FIFA's regulation of player agents, including the potential introduction of income caps. "Another case questions the relationship between sports arbitration and European law: Should sports arbitrators have the final say, or should there always be an option to appeal to a national court? These are fundamental questions with major implications for the future of the sports industry." 

The Diarra ruling of the European Court of Justice 
Branco Martins explains that this ruling significantly impacts the football transfer system. "The essence of the case is that a player should not be unfairly restricted in their right to terminate a contract. The Court has ruled that the calculation of compensation for contract breaches must be more transparent and balanced. This means that players now have a stronger position when negotiating their departure," he explains. He continues: "The impact has already been noticeable during the winter transfer window, but I expect it to become even more prominent in the summer. Clubs must adapt to a new reality in which players have greater legal leverage. This is particularly relevant for Dutch clubs, where salaries are relatively low compared to the market value they assign to their players. This situation can pose risks but also presents opportunities for clubs that handle these new rules flexibly and strategically." 

Passion for the profession 

Branco Martins shares where his passion for sports law comes from: "What makes my work so fascinating is that sports law does not exist in isolation. Legally speaking, sports are not a separate world, even though some federations and organisations try to make it seem that way. I love helping clients with 'the letter of the law' and guiding them as entrepreneurs in the sports industry." 

Currently, Branco Martins is actively involved in the European-level debate on regulating player agents through social dialogue. He wrote his master's thesis on the subject; it became the topic of his PhD dissertation, and he continues to work on it in practice. "Some topics keep following you - whether you like it or not." 

Cruijff as inspiration 

Johan Cruijff left Ajax after failing to reach an agreement on an extension and then moved to Feyenoord. "That turned out to be a golden decision, as the club immediately won the championship. That idea inspired me when designing this course. To keep that feeling alive, I now have a painting of Cruijff in a Feyenoord shirt hanging in my office. It serves as a reminder that sometimes you need to think outside the box and take on new challenges."