THE EUROPEAN UNION AND SPORT MICHELE COLUCCI Tilburg University, Spring semester 2008 www.colucci.eu E-mail:info@colucci.eu

“BERLIN DECLARATION” 25 March 2007 “...IN THE EUROPEAN UNION, WE ARE TURNING OUR COMMON IDEALS INTO REALITY: FOR US, THE INDIVIDUAL IS PARAMOUNT. HIS DIGNITY IS INVIOLABLE. HIS RIGHTS ARE INALIENABLE. WOMEN AND MEN ENJOY EQUAL RIGHTS. WE ARE STRIVING FOR PEACE AND FREEDOM, FOR DEMOCRACY AND THE RULE OF LAW, FOR MUTUAL RESPECT AND SHARED RESPONSIBILITY, FOR PROSPERITY AND SECURITY, FOR TOLERANCE AND PARTICIPATION, FOR JUSTICE AND SOLIDARITY....”

OLYMPIC IDEALS ARE EUROPEAN UNION IDEALS! TOLERANCE EQUALITY FAIR PLAY PEACE

The European Model of Sport The “Pyramid” model

Characteristics Promotion and relegation Grassroots approach (starting from the clubs) Stakeholders and their role (who does what?)

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?

SPORT IN THE EUROPEAN UNION In the name of “Autonomy” and “Specificity” Sport = life, passion, culture, entertainment, social values,... but also business! EU LAW V. AUTONOMY AND SPECIFICITY OF SPORT

DECLARATION ON SPORT NICE 2000 “Sports federations maintain the right to organise themselves” (autonomy). “...The Community must...take account of the social, educational and cultural functions inherent in sport and making it special...” (specificity).

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) )

EU Fields of application in Sport Transfer rules Sale of tickets Broadcasting rights Monopoly of federations Multi-ownership of clubs ....

The case law of the ECJ “Sport is subject to Community law in so far as it constitutes an economic activity within the meaning of Article 2 of the Treaty” . Walrave case, C-36/74. Donà v. Montero case, C- 13/76(nationality clause). sport or economic activity? C-51/96 Deliège case, C-176/96, Lethonen case, Meca – Medina case (doping).

THE BOSMAN case cause C -415/93 DAVID v. GOLIAH! Sport= economic activity= the end of transfer compensation Quid training ? The 2008 FIFA regulations on Status and Transfer of Players

CONVERGENCE BETWEEN FREE MOVEMENT AND COMPETITION RULES Art. 81 - 82 EC: NO agreement which may affect trade between MSs and which have as their object or effect the prevention, restriction or distortion of competition. NO “abuse of dominant position”. BOSMAN case BALOG case (never delivered). PIAU on players agent G-14,Charleroi V. FIFA (The battle of the TITANS !)

THE MECA MEDINA CASE Compatibility of rules with the Community rules on competition cannot be assessed in the abstract. Taking into account: “the overall context” in which the decision of the association of undertakings was taken or produces its effects. Its objectives: measures inherent in the pursuit of those objectives and proportionate to them.

THE NEW SCENARIO RETHINKING SPORT AT EU LEVEL? NEW STRATEGIES AMONG STAKEHOLDERS? MORE CO-OPERATION WITH THE EU INSTITUTIONS CHANGE THE EU LEGISLATION IN THE NAME OF AUTONOMY AND SPECIFICITY OF SPORT?

CONCLUSION SPORT IS FOR ALL (professionals and amateurs) BUT IT IS NOT JUST A GAME... EU SPORTS POLICY FRAMEWORK WE ARE THE PLAYERS OF THE FUTURE OF EUROPE!