A FUTURE EUROPEAN SPORTS POLICY In the name of Autonomy and Specificity By Prof. Michele Colucci, Tilburg University Website: www.colucci.eu - Email: info@colucci.eu Public hearing - European Parliament Brussels, 18 of November 2010

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?

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

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

“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

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.

SCOPE Professionals Amateurs What is in a name?

UNION ACTION art. 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.

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

WHO CAN DO WHAT? [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.

WHAT ARE “INCENTIVE MEASURES”? FUNDING PROGRAMMES

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.

THE “SOCIAL DIALOGUE” Artt. 152-153 TFEU

SOCIAL DIALOGUE HEALTH AND SAFETY

Social Dialogue TRAINING COMPENSATION

TRAINING COMPENSATION The BERNARD CASE CoJ 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).

TRAINING COMPENSATION The BERNARD CASE CoJ 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 ASSOCIATIONS MULTIPLIED BY 27 MEMBER STATES?

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

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

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

SPORT AS AN INSTRUMENT OF EUROPEAN INTEGRATION! CONCLUSIONS SPORT AS AN INSTRUMENT OF EUROPEAN INTEGRATION!