THE WHITE PAPER ON
SPORT
THE EU AND SPORT: MATCHING
EXPECTATIONS
MICHELE COLUCCI
Tilburg University, Spring semester 2012
www.colucci.eu
E-mail:[email protected]
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WHAT IS THE WHITE PAPER ?
• A POLITICAL DOCUMENT
• NOT LEGALLY BINDING
• DRAFTED BY THE EUROPEAN
COMMISSION
• COMPREHENSIVE FRAMEWORK
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Members of the « sports family »
• FIFA (www.fifa.com)
• UEFA (www.uefa.com)
• EPFL
• ECA (as of 21 of January 2008)
• FIFPRO (www.fifpro.org)
• EUROPEAN COMMISSION?
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SPORT AND EU: in the name of
Autonomy and Specificity
• NICE DECLARATION (2000): Sporting
organizations and Member States have a
primary responsibility in the conduct of
sporting affairs, with a central role for
Sports Federations”. BUT…
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‘Limited’ Autonomy
• Sporting Organizations have to exercise
their task to organise and promote their
particular sports “with due regard to
national and Community legislation”
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THE LISBON TREATY
13 December 2007
• “The Union shall contribute to the
promotion of European sporting issues
while taking account of its specific nature,
its structures based on voluntary activity
and its social and educational function”.
(art. 124 a) )
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The ‘societal’ role of sport
• Enhancing public health through physical
activity
• Fight against doping
• Education and training
• Social inclusion, integration and equal
opportunities
• Prevention and fight against racism and
violence
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The ‘economic’’dimension of sport
• 15 million people or 5.4 % labour force
• Value-added of 407 billion euros
• Tool for local and regional development
• Tourism
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The Organisation of Sport
• SELF-REGULATION respectful of:
– Good governance principles
– EU law
• The European Commission
– Plays a “facilitating role” or
– Takes action if necessary
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General Principle
• Sport as economic activity:EU LAW applies
– Competition Law
– Internal Market rules
– No discrimination on basis of nationality
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Specificity of ‘sporting activities’
• Separate competitions for men and
women
• Limitations on the number of participants
• Need to ensure encertainty concerning
outcomes
• Preserving a competitive balance
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Specificity of the ‘Sport structure’
• Autonomy and diversity of sport
organisations
• Pyramide structure of competitions
• One national federation per sport
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The EU institutions
• They have always recognised and taken
into account Autonomy and Specificity of
Sport
• They will continue to do that….
• Provide guidance
• But….
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Free movement and nationality
• General Principle: NO DISCRIMINATION
• Limited and proportionate restrictions:
• Right to select national athletes for
national team competitions
• Need to limit the number of participants in
a competition
• Setting of deadlines for transfers
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TRANSFER SYSTEM
• FIFA REGULATIONS
– Training compensation
– Protection of school education for underage
players
– Access to national courts
• Example of ‘ good practice’
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OTHER ISSUES
• Players Agents: uniform EU legislative
initiative for all sports sectors
• Protection of Minors
• Corruption, money laundering
• Media:creation and maintenance of
solidarity mechanisms
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Licensing systems for clubs
• Tool for good governance of sport
• The Commission will promote dialogue
with sport organisations
• “It intends to organise a conference with
UEFA, EPFL, FIFPro, national Associations
and national leagues on licensing systems
and best practices in this field
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FOLLOW UP
• “STRUCTURED DIALOGUE”
– European Sports Federations
– European Olympic and Paralympic
Committees
– National Olympic Committees
– Social Partners
– Other International Organisations: Unesco,
Who…
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Social Dialogue
• ‘The Commission encourages and
welcomes all efforts leading to the
establishment of European Social Dialogue
Committees’
• Support and open dialogue
• EU Member States:European Social Fund
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FUNDAMENTAL PRINCIPLES
• SPECIFICITY OF SPORT CANNOT JUSTIFY
A GENERAL EXEMPTION FROM THE
APPLICATION OF EU LAW
• ANALYSIS ON A ‘Case by case’ basis
• CoJ: Meca Medina (18 july 2006):even
‘Sporting rules’ are inherent and
proportionate to the objectives pursued
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CONCLUSION
DURA LEX (EUROPAEA)
SED LEX !
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