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A FUTURE EUROPEAN SPORTS POLICY In the name of Autonomy and Specificity

A FUTURE EUROPEAN SPORTS POLICY In the name of Autonomy and Specificity. By Prof. Michele Colucci Website: www.colucci.eu Email: info@colucci.eu. KEY QUESTIONS. WHO CAN DO WHAT? What is the right level of EU involvement in Sport ?

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A FUTURE EUROPEAN SPORTS POLICY In the name of Autonomy and Specificity

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  1. A FUTURE EUROPEAN SPORTS POLICYIn the name of Autonomy and Specificity By Prof. Michele Colucci Website: www.colucci.eu Email: info@colucci.eu

  2. KEY QUESTIONS • WHO CAN DO WHAT? • What is the right level of EU involvement in Sport ? • What do and what can Sports Stakeholders expect from the European Union? • What are the potential areas of EU action?

  3. WHAT DO THE SPORTS STAKEHOLDERS CLAIM?LEGAL CERTAINTY • The Meca Medina judgement (2006) • No general sports exemption • Case by case approach • Overal context • Objectives • Proportionality of measures

  4. WHAT DO THE SPORTS STAKEHOLDERS CLAIM?SPECIFICITY • THE MAGIC WORD but... • WHAT ARE WE TALKING ABOUT? • ONE, TEN, HUNDREDS DEFINITIONS....

  5. “SPECIFICITY OF SPORT” • First definition in the 2007 European Commission WHITE PAPER ON SPORT • Art. 165 TFEU (entered into force on 1 December 2009) • OLYMPIC MOVEMENT (January 2010) • EU ATHLETES (March 2010) • References in Court of Arbritration of Sport case law

  6. Art.165 TFEU The Union shall contribute to the promotion of European sporting issues, while taking account of the specific nature of sport, its structures based on voluntary activity and its social and educational function.

  7. SCOPEProfessionalsAmateursWhat is in a name?

  8. UNION ACTIONart. 165 (2) • THE GOAL: • Developing the European dimension in sport • THE MEANS: • Promoting fairness and openness in sporting competitions • Promoting cooperation between bodies responsible for sports, • Protecting the physical and moral integrity of sportsmen and sportswomen, especially the youngest sportsmen and sportswomen.

  9. WHO CAN DOWHAT?Art. 165 (3) “The Union and the Member Statesshall foster co-operation with third countries and the competent international organisations in the field of education and sport, in particular the Council of Europe.”

  10. WHO CAN DOWHAT?[art. 165 (4)] • In order to contribute to the achievement of the objectives referred to in this Article: the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, after consulting the Economic and Social Committee and the Committee of theRegions, shall adopt incentive measures, excluding any harmonisation of the laws and regulationsof the Member States, • the Council, on a proposal from the Commission, shall adopt recommendations.

  11. WHAT ARE “INCENTIVE MEASURES”? • FUNDING PROGRAMMES

  12. Who can do what?(Article 6 TFEU) The Union shall have competence to carry out actions to support, coordinate or supplement the actions of the Member States.

  13. THE “SOCIAL DIALOGUE”Artt. 152-153 TFEU

  14. SOCIAL DIALOGUEHEALTH AND SAFETY

  15. Social DialogueTRAINING COMPENSATION

  16. TRAINING COMPENSATIONThe BERNARD CASECoJ 16 of March 2010 • A (training) scheme must be actually capable of attaining the objective [of encouraging the recruitment and training of young players] and be proportionate to it, taking due account of the costs borne by the clubs in training both future professional players and those who will never play professionally (para. 45).

  17. TRAINING COMPENSATIONThe BERNARD CASECoJ 16 of March 2010 • HOW TO CALCULATE THE REAL TRAINING COSTS? • WHO IS GOING TO CHECK THAT THE JUDGEMENT IS RIGHTLY IMPLEMENTED IN MORE THAN 40 SPORTS ASSOCIATIONSMULTIPLIED BY 27 MEMBER STATES?

  18. TWO CONCRETE PROPOSALSon the basis of art. 165 TFUE • A EUROPEAN SPORTS LAW AND POLICY OBSERVATORY • THE “ERASMUS SPORTS PROGRAMME”

  19. A EU OBSERVATORY ON SPORT • TO COLLECT INFORMATION AND DOCUMENTATION • TO SPOT DEFICIENCIES • TO FIND AND DISSEMINATE “BEST PRACTICES”

  20. THE “ERASMUS SPORTS PROGRAMME” • MORE THAN AN EXCHANGE PROGRAMME • Amateurs(the ones who play for fun!)- Volunteers • EUROPEAN SPORTS EVENTS • EUROPEAN SPORTS SCHOOLS OR ACADEMIES • AND EVEN…EUROPEAN SPORTS TEAMS (Fontainebleau European Council (25 and 26 June 1984) Conclusions of the Presidency

  21. CONCLUSIONS SPORT AS AN INSTRUMENT OF EUROPEAN INTEGRATION!

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