1 THE EUROPEAN UNION AND SPORT MICHELE COLUCCI September

2 BERLIN DECLARATION 25 March IN THE EUROPEAN UNION, WE ARE TURNING OUR COMMON IDEALS INTO REALITY: FOR US, THE INDIVIDUAL IS PARAMOUNT. HIS DIGNITY IS INVIOLABLE. HIS RIGHTS ARE INALIENABLE. WOMEN AND MEN ENJOY EQUAL RIGHTS....IN THE EUROPEAN UNION, WE ARE TURNING OUR COMMON IDEALS INTO REALITY: FOR US, THE INDIVIDUAL IS PARAMOUNT. HIS DIGNITY IS INVIOLABLE. HIS RIGHTS ARE INALIENABLE. WOMEN AND MEN ENJOY EQUAL RIGHTS. WE ARE STRIVING FOR PEACE AND FREEDOM, FOR DEMOCRACY AND THE RULE OF LAW, FOR MUTUAL RESPECT AND SHARED RESPONSIBILITY, FOR PROSPERITY AND SECURITY, FOR TOLERANCE AND PARTICIPATION, FOR JUSTICE AND SOLIDARITY.... WE ARE STRIVING FOR PEACE AND FREEDOM, FOR DEMOCRACY AND THE RULE OF LAW, FOR MUTUAL RESPECT AND SHARED RESPONSIBILITY, FOR PROSPERITY AND SECURITY, FOR TOLERANCE AND PARTICIPATION, FOR JUSTICE AND SOLIDARITY....

3 OLYMPIC IDEALS ARE EUROPEAN UNION IDEALS! TOLERANCE TOLERANCE EQUALITY EQUALITY FAIR PLAY FAIR PLAY PEACE PEACE

4 The European Model of Sport The Pyramid model

5 Characteristics Promotion and relegation Promotion and relegation Grassroots approach (starting from the clubs) Stakeholders and their role (who does what?)

6 Members of the « sports family » FIFA ( FIFA ( UEFA ( UEFA ( EPFL EPFL ECA (as of 21 of January 2008) ECA (as of 21 of January 2008) FIFPRO ( FIFPRO ( EUROPEAN COMMISSION? EUROPEAN COMMISSION?

7 SPORT IN THE EUROPEAN UNION In the name of Autonomy and Specificity Sport = life, passion, culture, entertainment, social values,... but also business! Sport = life, passion, culture, entertainment, social values,... but also business! EU LAW V. AUTONOMY AND SPECIFICITY OF SPORT EU LAW V. AUTONOMY AND SPECIFICITY OF SPORT

8 DECLARATION ON SPORT NICE 2000 Sports federations maintain the right to organise themselves (autonomy). Sports federations maintain the right to organise themselves (autonomy)....The Community must...take account of the social, educational and cultural functions inherent in sport and making it special... (specificity)....The Community must...take account of the social, educational and cultural functions inherent in sport and making it special... (specificity).

9 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) )

10 EU Fields of application in Sport Transfer rules Transfer rules Sale of tickets Sale of tickets Broadcasting rights Broadcasting rights Monopoly of federations Monopoly of federations Multi-ownership of clubs Multi-ownership of clubs

11 The case law of the ECJ Sport is subject to Community law in so far as it constitutes an economic activity within the meaning of Article 2 of the Treaty. Sport is subject to Community law in so far as it constitutes an economic activity within the meaning of Article 2 of the Treaty. Walrave case, C-36/74. Walrave case, C-36/74. Donà v. Montero case, C- 13/76(nationality clause). Donà v. Montero case, C- 13/76(nationality clause). sport or economic activity? sport or economic activity? C-51/96 Deliège case, C-176/96, Lethonen case, Meca – Medina case (doping).C-51/96 Deliège case, C-176/96, Lethonen case, Meca – Medina case (doping).

12 THE BOSMAN case cause C -415/93 DAVID v. GOLIAH! DAVID v. GOLIAH! Sport= economic activity= the end of transfer compensation Sport= economic activity= the end of transfer compensation Quid training ? Quid training ? The 2008 FIFA regulations on Status and Transfer of Players The 2008 FIFA regulations on Status and Transfer of Players

13 CONVERGENCE BETWEEN FREE MOVEMENT AND COMPETITION RULES Art EC: Art EC: NO agreement which may affect trade between MSs and which have as their object or effect the prevention, restriction or distortion of competition.NO agreement which may affect trade between MSs and which have as their object or effect the prevention, restriction or distortion of competition. NO abuse of dominant position.NO abuse of dominant position. BOSMAN case BOSMAN case BALOG case (never delivered). BALOG case (never delivered). PIAU on players agent PIAU on players agent G-14,Charleroi V. FIFA (The battle of the TITANS !) G-14,Charleroi V. FIFA (The battle of the TITANS !)

14 THE MECA MEDINA CASE Compatibility of rules with the Community rules on competition cannot be assessed in the abstract. Compatibility of rules with the Community rules on competition cannot be assessed in the abstract. Taking into account: Taking into account: the overall context in which the decision of the association of undertakings was taken or produces its effects. the overall context in which the decision of the association of undertakings was taken or produces its effects. Its objectives: measures inherent in the pursuit of those objectives and proportionate to them.Its objectives: measures inherent in the pursuit of those objectives and proportionate to them.

15 THE NEW SCENARIO RETHINKING SPORT AT EU LEVEL? RETHINKING SPORT AT EU LEVEL? NEW STRATEGIES AMONG STAKEHOLDERS? NEW STRATEGIES AMONG STAKEHOLDERS? MORE CO-OPERATION WITH THE EU INSTITUTIONS MORE CO-OPERATION WITH THE EU INSTITUTIONS CHANGE THE EU LEGISLATION IN THE NAME OF AUTONOMY AND SPECIFICITY OF SPORT? CHANGE THE EU LEGISLATION IN THE NAME OF AUTONOMY AND SPECIFICITY OF SPORT?

16 CONCLUSION SPORT IS FOR ALL (professionals and amateurs) SPORT IS FOR ALL (professionals and amateurs) BUT IT IS NOT JUST A GAME... BUT IT IS NOT JUST A GAME... EU SPORTS POLICY FRAMEWORK EU SPORTS POLICY FRAMEWORK WE ARE THE PLAYERS OF THE FUTURE OF EUROPE! WE ARE THE PLAYERS OF THE FUTURE OF EUROPE!