A recent decision by Portugal’s Constitutional Court, citing European Union law, has ignited concern among national sports federations over the future of defining “national champions” based on citizenship.
The court rejected an appeal by the Public Prosecutor against the awarding of the 2024 Portuguese national rally champion title to Northern Irish driver Kris Meeke.
The Nov. 6 court ruling stated that a review of the contested national law would be “useless.” This is because the Sports Arbitration Tribunal (TAD) decision, scheduled for February 2025, to grant Meeke the national title, took into account EU law, which supersedes Portuguese legislation.
This ruling directly challenges Article 62 of Portugal’s Legal Regime for Sports Federations (RJFD). That article specifies that only national citizens can be national champions in individual sports.
Ricardo Oliveira, president of the Portuguese Padel Federation, described the Constitutional Court’s decision as “absurd.”
“I’m not a lawyer, but I can’t understand how the TC reads Article 62 of the RJFD, with a paragraph ‘clear as water’ indicating that only national citizens can be national champions in individual sports,” Oliveira told Lusa news agency. “Why do we have Portuguese legislation if what counts is European legislation? Then, let’s abolish Portuguese legislation.”
The padel federation faced a similar issue in 2019. It initially awarded a national title to two Portuguese citizens, but the TAD later recognized a duo comprising a Portuguese and a Spanish player as champions.
Oliveira noted that padel, considered an individual sport under Portuguese law due to “legal loopholes” despite being played in doubles, subsequently joined tennis and golf in preventing foreign athletes from competing in national championships.
Marina Rodrigues, president of the Portuguese Sports Dance Federation (FPDD), also highlighted a past case involving a Portuguese-foreign dance pair that won a national title. FPDD statutes permit foreign partners in pair events but restrict national titles to Portuguese citizens in individual competitions.
“Foreign athletes can participate in solo events of the national championship, but they cannot win titles,” Rodrigues said. “That is part of our Statutes. I don’t know what the law may dictate from now on.”
Domingos Castro, president of the Portuguese Athletics Federation, which allows foreigners in national championships with restrictions, said it was premature to decide on the ruling.
“We have to analyze the TC decision and talk to other institutions,” Castro stated, citing the Portuguese Olympic Committee and the Portuguese Sports Confederation as bodies to consult.
The Portuguese Surf Federation, where foreign athletes can be national team champions but not individual champions, pledged to “continue fully complying with the law, the RJFD, and all applicable legal guidelines.”
Gustavo Saldanha, the surf federation’s president, said they would consider any future jurisprudential impacts. However, he affirmed they “will act exclusively based on what the legislation determines, ensuring regulatory stability, legal certainty, and equal treatment for all practitioners.”
Ricardo Machado, president of the Portuguese Canoeing Federation (FPC), confirmed his organization is renewing its Public Utility Statute based on the RJFD. The RJFD mandates that foreign athletes in national championships must have exclusive FPC affiliation.
“At this moment, we would be violating the RJFD if our statutes allowed the attribution of national titles to foreign citizens,” Machado said. “If the law is changed, we will change. If it is not changed, we will continue to comply with national legislation.”