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European Sport White Paper: Balancing Autonomy and Regulation

Explore the comprehensive framework of sports and the European Union, focusing on autonomy and specificity principles. Dive into the societal and economic roles of sports, the organization of sports, and EU institutions' stance on autonomy and specificity in sports-related matters. Learn about regulations concerning sporting activities and structures, as well as specific issues like transfer systems, player agents, protection of minors, and licensing systems for clubs. Follow up on structured dialogues with various sports federations and organizations to promote best practices and solidarity mechanisms. Understand the fundamental principles of sports specificity within EU law through case-by-case analyses and the CoJ's Meca Medina ruling.

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European Sport White Paper: Balancing Autonomy and Regulation

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  1. THE WHITE PAPER ON SPORT THE EU AND SPORT: MATCHING EXPECTATIONS

  2. WHAT IS THE WHITE PAPER ? • A POLITICAL DOCUMENT • NOT LEGALLY BINDING • DRAFTED BY THE EUROPEAN COMMISSION • COMPREHENSIVE FRAMEWORK

  3. 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…

  4. ‘Limited’ Autonomy • Sporting Organizations have to exercise their task to organise and promote their particular sports “with due regard to national and Community legislation”

  5. Specificity • “Even though not having any direct powers in the area of Sport, the Community must, in action under the various Treaty provisions, take account of the social, educational and cultural funcionts inherent in sport and make it special…

  6. 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

  7. 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

  8. 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

  9. General Principle • Sport as economic activity:EU LAW applies • Competition Law • Internal Market rules • No discrimination on basis of nationality

  10. 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

  11. Specificity of the ‘Sport structure’ • Autonomy and diversity of sport organisations • Pyramide structure of competitions • One national federation per sport

  12. 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….

  13. 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

  14. TRANSFER SYSTEM • FIFA REGULATIONS • Training compensation • Protection of school education for underage players • Access to national courts • Example of ‘ good practice’

  15. 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

  16. 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

  17. FOLLOW UP • “STRUCTURED DIALOGUE” • European Sports Federations • European Olympic and Paralympic Committees • National Olympic Committees • Social Partners • Other International Organizations: Unesco, Who…

  18. 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

  19. 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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