Necessary state intervention in the regulation of sports professions

Abstract

The aim of this study is to provide a critical view of the present situation of the regulations of the professional practice in physical activity and sport in Spain. The state reluctance to proceed with the regulations has resulted in the passing of regional laws (Cataluña, La Rioja and Extremadura) that have carried out this regulation. Even though these regional proceedings have been received with great acceptance in the professional sports sector, in our report we will make clear that these regulations cannot easily fit into the framework of the distribution of competencies established by the Constitution, since the State has the exclusive responsibility for the regulation of skilled occupations. Thus, we determine the analysis of the unwanted consequences that it may bring: the possible unconstitutionality of these rules; the perpetuation of this problem which would imply a regulation lacking a connection between the different qualifications and its own professional field, and their potential and disintegrative effect over the professional market unit in this sector. That is why there is the need for a state professional regulation as the only possible course of action to overcome these distortions.