THE WHITE PAPER ON SPORT THE EU AND SPORT: MATCHING EXPECTATIONS MICHELE COLUCCI September 2012 www.colucci.eu E-mail:info@colucci.eu

Members of the « sports family » FIFA (www.fifa.com) UEFA (www.uefa.com) EPFL ECA (as of 21 of January 2008) FIFPRO (www.fifpro.org) EUROPEAN COMMISSION?

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

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…

‘Limited’ Autonomy Sporting Organizations have to exercise their task to organise and promote their particular sports “with due regard to national and Community legislation”

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 ‘societal’ role of sport Enhancing public health through physical activity Fight against doping Education and training Social inclusion, integration and equal opportunities Prevention and fight against racism and violence

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

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

General Principle Sport as economic activity:EU LAW applies Competition Law Internal Market rules No discrimination on basis of nationality

Specificity of ‘sporting activities’ Separate competitions for men and women Limitations on the number of participants Need to ensure encertainty concerning outcomes Preserving a competitive balance

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

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

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

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

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

Licensing systems for clubs Tool for good governance of sport 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

FOLLOW UP “STRUCTURED DIALOGUE” European Sports Federations European Olympic and Paralympic Committees National Olympic Committees Social Partners Other International Organisations: Unesco, Who…

Social Dialogue ‘The Commission encourages and welcomes all efforts leading to the establishment of European Social Dialogue Committees’ Support and open dialogue EU Member States:European Social Fund

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

DURA LEX (EUROPEA) SED LEX ! CONCLUSION DURA LEX (EUROPEA) SED LEX !