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THE WHITE PAPER ON THE WHITE PAPER ON SPORTSPORT

THE EU AND SPORT: THE EU AND SPORT: MATCHING EXPECTATIONSMATCHING EXPECTATIONS

MICHELE COLUCCIMICHELE COLUCCITilburg University, Spring semester 2009 Tilburg University, Spring semester 2009

www.colucci.euwww.colucci.euE-mail:info@colucci.euE-mail:info@colucci.eu

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WHAT IS THE WHITE WHAT IS THE WHITE PAPER ?PAPER ?

• A POLITICAL DOCUMENTA POLITICAL DOCUMENT

• NOT LEGALLY BINDINGNOT LEGALLY BINDING

• DRAFTED BY THE EUROPEAN DRAFTED BY THE EUROPEAN COMMISSIONCOMMISSION

• COMPREHENSIVE FRAMEWORK COMPREHENSIVE FRAMEWORK

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Members of the « sports Members of the « sports family »family »

• FIFA (www.fifa.com)FIFA (www.fifa.com)

• UEFA (www.uefa.com)UEFA (www.uefa.com)

• EPFL EPFL

• ECA (as of ECA (as of 21 of January 200821 of January 2008))

• FIFPRO (www.fifpro.org)FIFPRO (www.fifpro.org)

• EUROPEAN COMMISSION?EUROPEAN COMMISSION?

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SPORT AND EU: in the name of SPORT AND EU: in the name of Autonomy and SpecificityAutonomy and Specificity

• NICE DECLARATION (2000): Sporting NICE DECLARATION (2000): Sporting organizations and Member States organizations and Member States have a primary responsibility in the have a primary responsibility in the conduct of sporting affairs, with a conduct of sporting affairs, with a central role for Sports Federations”. central role for Sports Federations”. BUT…BUT…

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‘‘Limited’ AutonomyLimited’ Autonomy

• Sporting Organizations have to Sporting Organizations have to exercise their task to organise and exercise their task to organise and promote their particular sports “with promote their particular sports “with due regard to national and due regard to national and Community legislation”Community legislation”

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THE LISBON TREATYTHE LISBON TREATY13 December 200713 December 2007

• ““The Union shall contribute to the The Union shall contribute to the promotion of European sporting promotion of European sporting issues while taking account of its issues while taking account of its specific naturespecific nature, its structures based , its structures based on voluntary activity and its social on voluntary activity and its social and educational function”. (art. 124 and educational function”. (art. 124 a) ) a) )

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The ‘societal’ role of sportThe ‘societal’ role of sport

• Enhancing public health through Enhancing public health through physical activityphysical activity

• Fight against dopingFight against doping• Education and trainingEducation and training• Social inclusion, integration and Social inclusion, integration and

equal opportunitiesequal opportunities• Prevention and fight against racism Prevention and fight against racism

and violenceand violence

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The ‘economic’’dimension of The ‘economic’’dimension of sportsport

• 15 million people or 5.4 % labour 15 million people or 5.4 % labour forceforce

• Value-added of 407 billion eurosValue-added of 407 billion euros

• Tool for local and regional Tool for local and regional developmentdevelopment

• TourismTourism

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The Organisation of SportThe Organisation of Sport

• SELF-REGULATION respectful of:SELF-REGULATION respectful of:– Good governance principlesGood governance principles– EU lawEU law

• The European CommissionThe European Commission– Plays a “facilitating role” or Plays a “facilitating role” or – Takes action if necessaryTakes action if necessary

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General PrincipleGeneral Principle

• Sport as economic activity:EU LAW Sport as economic activity:EU LAW appliesapplies– Competition LawCompetition Law– Internal Market rulesInternal Market rules– No discrimination on basis of nationalityNo discrimination on basis of nationality

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Specificity of ‘sporting Specificity of ‘sporting activities’activities’

• Separate competitions for men and Separate competitions for men and womenwomen

• Limitations on the number of Limitations on the number of participantsparticipants

• Need to ensure encertainty Need to ensure encertainty concerning outcomesconcerning outcomes

• Preserving a competitive balancePreserving a competitive balance

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Specificity of the ‘Sport Specificity of the ‘Sport structure’structure’

• Autonomy and diversity of sport Autonomy and diversity of sport organisationsorganisations

• Pyramide structure of competitionsPyramide structure of competitions

• One national federation per sportOne national federation per sport

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The EU institutionsThe EU institutions

• They have always recognised and They have always recognised and taken into account Autonomy and taken into account Autonomy and Specificity of SportSpecificity of Sport

• They will continue to do that….They will continue to do that….

• Provide guidanceProvide guidance

• But….But….

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Free movement and Free movement and nationalitynationality• General Principle: NO DISCRIMINATIONGeneral Principle: NO DISCRIMINATION

• Limited and proportionate restrictions:Limited and proportionate restrictions:

• Right to select national athletes for Right to select national athletes for national team competitionsnational team competitions

• Need to limit the number of Need to limit the number of participants in a competitionparticipants in a competition

• Setting of deadlines for transfersSetting of deadlines for transfers

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TRANSFER SYSTEMTRANSFER SYSTEM

• FIFA REGULATIONSFIFA REGULATIONS– Training compensationTraining compensation– Protection of school education for Protection of school education for

underage playersunderage players– Access to national courtsAccess to national courts

• Example of ‘ good practice’Example of ‘ good practice’

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OTHER ISSUESOTHER ISSUES

• Players Agents: uniform EU Players Agents: uniform EU legislative initiative for all sports legislative initiative for all sports sectorssectors

• Protection of MinorsProtection of Minors

• Corruption, money laundering Corruption, money laundering

• Media:creation and maintenance of Media:creation and maintenance of solidarity mechanismssolidarity mechanisms

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Licensing systems for clubsLicensing systems for clubs

• Tool for good governance of sportTool for good governance of sport

• The Commission will promote The Commission will promote dialogue with sport organisationsdialogue with sport organisations

• ““It intends to organise a conference It intends to organise a conference with UEFA, EPFL, FIFPro, national with UEFA, EPFL, FIFPro, national Associations and national leagues on Associations and national leagues on licensing systems and best practices licensing systems and best practices in this fieldin this field

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FOLLOW UPFOLLOW UP

• ““STRUCTURED DIALOGUE”STRUCTURED DIALOGUE”– European Sports FederationsEuropean Sports Federations– European Olympic and Paralympic European Olympic and Paralympic

CommitteesCommittees– National Olympic CommitteesNational Olympic Committees– Social PartnersSocial Partners– Other International Organisations: Other International Organisations:

Unesco, Who…Unesco, Who…

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Social DialogueSocial Dialogue

• ‘‘The Commission encourages and The Commission encourages and welcomes all efforts leading to the welcomes all efforts leading to the establishment of European Social establishment of European Social Dialogue Committees’Dialogue Committees’

• Support and open dialogueSupport and open dialogue

• EU Member States:European Social EU Member States:European Social FundFund

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FUNDAMENTAL PRINCIPLESFUNDAMENTAL PRINCIPLES

• SPECIFICITY OF SPORT CANNOT SPECIFICITY OF SPORT CANNOT JUSTIFY A GENERAL EXEMPTION JUSTIFY A GENERAL EXEMPTION FROM THE APPLICATION OF EU LAWFROM THE APPLICATION OF EU LAW

• ANALYSIS ON A ‘Case by case’ basisANALYSIS ON A ‘Case by case’ basis

• CoJ: Meca Medina (18 july CoJ: Meca Medina (18 july 2006):even ‘Sporting rules’ are 2006):even ‘Sporting rules’ are inherent and proportionate to the inherent and proportionate to the objectives pursued objectives pursued

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CONCLUSIONCONCLUSION

DURA LEX (EUROPAEA) DURA LEX (EUROPAEA) SED LEX !SED LEX !