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

THE WHITE PAPER ON SPORT THE EU AND SPORT: MATCHING EXPECTATIONS. MICHELE COLUCCI Tilburg University, Spring semester 2008 www.colucci.eu E-mail:info@colucci.eu. Members of the « sports family ». FIFA (www.fifa.com) UEFA (www.uefa.com) EPFL ECA (as of 21 of January 2008 )

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

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  1. THE WHITE PAPER ON SPORTTHE EU AND SPORT: MATCHING EXPECTATIONS MICHELE COLUCCI Tilburg University, Spring semester 2008 www.colucci.eu E-mail:info@colucci.eu

  2. 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?

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

  4. 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…

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

  6. THE LISBON TREATY13 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) )

  7. 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

  8. 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

  9. 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

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

  11. 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

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

  13. 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….

  14. 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

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

  16. 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

  17. 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

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

  19. 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

  20. 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

  21. CONCLUSION DURA LEX (EUROPEA) SED LEX !

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