1. 1 A FUTURE EUROPEAN SPORTS POLICY In the name of Autonomy and Specificity By Prof. Michele Colucci, Tilburg University Sports Law and Policy Centre - Rome Website: www.colucci.eu - Email: info@colucci.eu www.colucci.euinfo@colucci.euwww.colucci.euinfo@colucci.eu Certificate of Advanced Studies in European Sports Law LEUVEN – September 2011 LEUVEN – September 2011

2. 2 KEY QUESTIONS WHO CAN DO WHAT? What is the right level of EU involvement in Sport ? 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 are the potential areas of EU action?

3. 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. 4 WHAT DO THE SPORTS STAKEHOLDERS CLAIM? SPECIFICITY THE MAGIC WORD but... WHAT ARE WE TALKING ABOUT? ONE, TEN, HUNDREDS DEFINITIONS....

5. 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. 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. 7 SCOPE ProfessionalsAmateurs What is in a name?

8. 8 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.

9. 9 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.

10. 10 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.

11. 11 WHAT ARE INCENTIVE MEASURES? FUNDING PROGRAMMES

12. 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. 13 THE SOCIAL DIALOGUE Artt. 152-153 TFEU

14. 14 TWO CONCRETE PROPOSALS on the basis of art. 165 TFUE A EUROPEAN SPORTS LAW AND POLICY OBSERVATORY THE ERASMUS SPORTS PROGRAMME

15. 15 A EU OBSERVATORY ON SPORT TO COLLECT INFORMATION AND DOCUMENTATION TO SPOT DEFICIENCIES TO FIND AND DISSEMINATE BEST PRACTICES

16. 16 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

17. 17 CONCLUSIONS SPORT AS AN INSTRUMENT OF EUROPEAN INTEGRATION!