1 THE WHITE PAPER ON SPORT THE EU AND SPORT: MATCHING EXPECTATIONS MICHELE COLUCCI Tilburg University, Spring semester

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

3 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?

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… 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 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 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) ) 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 Enhancing public health through physical activity Fight against doping Fight against doping Education and training Education and training Social inclusion, integration and equal opportunities Social inclusion, integration and equal opportunities Prevention and fight against racism and violence Prevention and fight against racism and violence

8 The economicdimension of sport 15 million people or 5.4 % labour force 15 million people or 5.4 % labour force Value-added of 407 billion euros Value-added of 407 billion euros Tool for local and regional development Tool for local and regional development Tourism Tourism

9 The Organisation of Sport SELF-REGULATION respectful of: SELF-REGULATION respectful of: –Good governance principles –EU law The European Commission The European Commission –Plays a facilitating role or –Takes action if necessary

10 General Principle Sport as economic activity:EU LAW applies 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 Separate competitions for men and women Limitations on the number of participants Limitations on the number of participants Need to ensure encertainty concerning outcomes Need to ensure encertainty concerning outcomes Preserving a competitive balance Preserving a competitive balance

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

13 The EU institutions They have always recognised and taken into account Autonomy and Specificity of Sport They have always recognised and taken into account Autonomy and Specificity of Sport They will continue to do that…. They will continue to do that…. Provide guidance Provide guidance But…. But….

14 Free movement and nationality General Principle: NO DISCRIMINATION General Principle: NO DISCRIMINATION Limited and proportionate restrictions: Limited and proportionate restrictions: Right to select national athletes for national team competitions Right to select national athletes for national team competitions Need to limit the number of participants in a competition Need to limit the number of participants in a competition Setting of deadlines for transfers Setting of deadlines for transfers

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

16 OTHER ISSUES Players Agents: uniform EU legislative initiative for all sports sectors Players Agents: uniform EU legislative initiative for all sports sectors Protection of Minors Protection of Minors Corruption, money laundering Corruption, money laundering Media:creation and maintenance of solidarity mechanisms Media:creation and maintenance of solidarity mechanisms

17 Licensing systems for clubs Tool for good governance of sport Tool for good governance of sport The Commission will promote dialogue with sport organisations 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 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 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 The Commission encourages and welcomes all efforts leading to the establishment of European Social Dialogue Committees Support and open dialogue Support and open dialogue EU Member States:European Social Fund EU Member States:European Social Fund

20 FUNDAMENTAL PRINCIPLES SPECIFICITY OF SPORT CANNOT JUSTIFY A GENERAL EXEMPTION FROM THE APPLICATION OF EU LAW SPECIFICITY OF SPORT CANNOT JUSTIFY A GENERAL EXEMPTION FROM THE APPLICATION OF EU LAW ANALYSIS ON A Case by case basis ANALYSIS ON A Case by case basis CoJ: Meca Medina (18 july 2006):even Sporting rules are inherent and proportionate to the objectives pursued CoJ: Meca Medina (18 july 2006):even Sporting rules are inherent and proportionate to the objectives pursued

21 CONCLUSION DURA LEX (EUROPAEA) SED LEX !