Presentation on theme: "Leiden University. The university to discover. EU Competence in Sport State of Play European Parliament Working Group on Sport, 14 November 2012 Prof."— Presentation transcript:
Leiden University. The university to discover. EU Competence in Sport State of Play European Parliament Working Group on Sport, 14 November 2012 Prof. Stefaan Van den Bogaert
Leiden University. The university to discover. EU law & sport ? -No reference to sport in EEC -Declarations of Amsterdam & Nice -Articles I-17 and III-282 EU Constitution -Article 165 TFEU Lisbon Treaty
Leiden University. The university to discover. Declaration of Nice ‘Even though not having any direct powers in this area, the Community must, in its action under the various Treaty provisions, take account of the social, educational, and cultural functions inherent in sport and making it special, in order that the code of ethics and the solidarity essential to the preservation of its social role may be respected and nurtured’
Leiden University. The university to discover. EU institutions & Sport -EU Commission -Sports Unit -Helsinki report 1999 -White paper 2007 -European Parliament -Committee for Youth, Education and sport -Reports and resolutions -Courts -national courts, GC & CJEU -Walrave, Bosman, Meca-Medina
Leiden University. The university to discover. State of Play before Lisbon -More or less active involvement of EU institutions with sport 1.Direct sports policy – limited, inconsistent, inefficient 2.Indirect sports policy = Application Treaty free movement and competition rules e.g. nationality, transfers, selection rules, role sporting federations, doping, state aid …
Leiden University. The university to discover. State of Play before Lisbon -In general, uneasy relationship with sporting establishment -Sporting claim of 1.Regulatory and organizational autonomy 2.Undue EU interference with sporting affairs 3.Insufficient regard EU for specificity of sport
Leiden University. The university to discover. Article 165 TFEU (Lisbon) 1.„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. 2.Union action shall be aimed at developing the European dimension in sport -by promoting fairness and openness in sporting competitions and cooperation between bodies responsible for sports, -and by protecting the physical and moral integrity of sportsmen and sportswomen, especially the youngest sportsmen and sportswomen.
Leiden University. The university to discover. Article 165 TFEU 3. The Union and the Member States shall foster cooperation with third countries and the competent international organisations in the field of education and sport, in particular the Council of Europe. 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 the Regions, shall adopt incentive measures, excluding any harmonisation of the laws and regulations of the Member States -the Council, on a proposal from the Commission, shall adopt recommendations.
Leiden University. The university to discover. Possible impact? 1.No major changes in EU approach to sport to be expected: the application free movement and competition rules will in all likelihood simply proceed, paying due regard to specific characteristics of sport -Case by case analysis inevitable -Balancing exigencies EU law and specificity sport -Legal categories: purely sporting rules – inherent rules – justifiable restrictions - violations -Good track record EU institutions
Leiden University. The university to discover. Possible impact? 2. The importance of this Article is partially symbolical, legitimizing action already taken 3. It crystallizes the legal environment: -It delineates the room for maneuvering for the EU -They can only carry out supporting, coordinating or complementary action -They must respect the primary role of the sporting associations -Harmonizing measures are explicitly excluded
Leiden University. The university to discover. Recommendations -In general: 1.Respect for conditional autonomy sporting federations 2.Let sporting world make case for sports specificity 3.Search for balance with requirements EU law on case-by-case basis! 4.OMC & European Social Dialogue -Specific?