1. THE WHITE PAPER ON SPORT THE EU AND SPORT: MATCHING EXPECTATIONS
MICHELE COLUCCI
September 2012

2. Members of the « sports family »
FIFA (
UEFA (
EPFL
ECA (as of 21 of January 2008)
FIFPRO (
EUROPEAN COMMISSION?

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

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…

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”

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) )

7. 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

8. 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

9. 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

10. General Principle 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
Limitations on the number of participants
Need to ensure encertainty concerning outcomes
Preserving a competitive balance

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

13. 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….

14. 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

15. 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’

16. 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

17. 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

18. FOLLOW UP “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’
Support and open dialogue
EU Member States:European Social Fund

20. 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

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