1 the european union and sport michele colucci tilburg university, spring semester 2008 ...
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THE EUROPEAN UNION THE EUROPEAN UNION AND SPORTAND SPORT
MICHELE COLUCCIMICHELE COLUCCI
Tilburg University, Spring semester 2008 Tilburg University, Spring semester 2008
www.colucci.euwww.colucci.eu
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““BERLIN DECLARATION”BERLIN DECLARATION”25 March 200725 March 2007
““...IN THE EUROPEAN UNION, WE ARE TURNING OUR COMMON ...IN THE EUROPEAN UNION, WE ARE TURNING OUR COMMON IDEALS INTO REALITY: FOR US, IDEALS INTO REALITY: FOR US, THE INDIVIDUAL IS PARAMOUNT.THE INDIVIDUAL IS PARAMOUNT. HIS DIGNITY IS INVIOLABLE. HIS RIGHTS ARE INALIENABLE. HIS DIGNITY IS INVIOLABLE. HIS RIGHTS ARE INALIENABLE. WOMEN AND MEN ENJOY EQUAL RIGHTS.WOMEN AND MEN ENJOY EQUAL RIGHTS.
WE ARE STRIVING WE ARE STRIVING FOR PEACE AND FREEDOM, FOR DEMOCRACY FOR PEACE AND FREEDOM, FOR DEMOCRACY AND THE RULE OF LAW, FOR MUTUAL RESPECT AND SHARED AND THE RULE OF LAW, FOR MUTUAL RESPECT AND SHARED RESPONSIBILITY, FOR PROSPERITY AND SECURITY, FOR RESPONSIBILITY, FOR PROSPERITY AND SECURITY, FOR TOLERANCE AND PARTICIPATION, FOR JUSTICE AND TOLERANCE AND PARTICIPATION, FOR JUSTICE AND SOLIDARITYSOLIDARITY....”....”
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OLYMPIC IDEALS OLYMPIC IDEALS ARE ARE
EUROPEAN UNION IDEALS! EUROPEAN UNION IDEALS!
TOLERANCETOLERANCE EQUALITYEQUALITY FAIR PLAYFAIR PLAY PEACEPEACE
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The European Model of SportThe European Model of SportThe “Pyramid” modelThe “Pyramid” model
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CharacteristicsCharacteristics
Promotion and Promotion and relegationrelegation
Grassroots approach (starting from the clubs)
Stakeholders and their role (who does what?)
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Members of the « sports family »Members of the « sports family »
FIFA (www.fifa.com)FIFA (www.fifa.com) UEFA (www.uefa.com)UEFA (www.uefa.com) EPFL EPFL ECA (as of 21 of January 2008)ECA (as of 21 of January 2008) FIFPRO (www.fifpro.org)FIFPRO (www.fifpro.org) EUROPEAN COMMISSION?EUROPEAN COMMISSION?
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SPORT IN THE EUROPEAN SPORT IN THE EUROPEAN UNIONUNION
In the name of “Autonomy” and In the name of “Autonomy” and “Specificity”“Specificity”
Sport = life, passion, culture, Sport = life, passion, culture, entertainment, social values,... but entertainment, social values,... but also business!also business!
EU LAW V. AUTONOMY AND EU LAW V. AUTONOMY AND SPECIFICITY OF SPORTSPECIFICITY OF SPORT
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DECLARATION ON SPORTDECLARATION ON SPORTNICE 2000NICE 2000
““Sports federations maintain the Sports federations maintain the right to organise themselves” right to organise themselves” (autonomy).(autonomy).
““...The Community must...take ...The Community must...take account of the social, educational account of the social, educational and cultural functions inherent in and cultural functions inherent in sport and making it special...” sport and making it special...” (specificity).(specificity).
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LISBON TREATYLISBON TREATY13 December 200713 December 2007
““The Union shall contribute to the The Union shall contribute to the promotion of European sporting promotion of European sporting issues while taking account of its issues while taking account of its specific naturespecific nature, its structures based , its structures based on voluntary activity and its social on voluntary activity and its social and educational function”. (art. 124 and educational function”. (art. 124 a) ) a) )
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EU Fields of application in SportEU Fields of application in Sport
Transfer rulesTransfer rules Sale of ticketsSale of tickets Broadcasting rightsBroadcasting rights Monopoly of federationsMonopoly of federations Multi-ownership of clubsMulti-ownership of clubs ........ ........
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The case law of the ECJThe case law of the ECJ
““SSport is subject to Community law in so port is subject to Community law in so far as it constitutes an economic activity far as it constitutes an economic activity within the meaning of Article 2 of the within the meaning of Article 2 of the Treaty” Treaty” ..
WalraveWalrave case, C-36/74. case, C-36/74. Donà v. MonteroDonà v. Montero case, C- 13/76(nationality case, C- 13/76(nationality
clause).clause). sport or economic activity?sport or economic activity?
• C-51/96 C-51/96 DeliègeDeliège case, case, C-176/96, C-176/96, LethonenLethonen case, case, Meca – MedinaMeca – Medina case (doping). case (doping).
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THE BOSMAN caseTHE BOSMAN casecause C -415/93cause C -415/93
DAVID v. GOLIAH!DAVID v. GOLIAH! Sport= economic activity= Sport= economic activity= the end the end
of transfer compensationof transfer compensation Quid training ? Quid training ? The 2008 FIFA regulations on Status The 2008 FIFA regulations on Status
and Transfer of Players and Transfer of Players
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CONVERGENCE BETWEEN CONVERGENCE BETWEEN FREE MOVEMENT AND FREE MOVEMENT AND COMPETITION RULESCOMPETITION RULES
Art. 81 - 82 EC:Art. 81 - 82 EC:• NO agreement which may affect trade between NO agreement which may affect trade between
MSs and which have as their object or effect the MSs and which have as their object or effect the prevention, restriction or distortion of prevention, restriction or distortion of competition.competition.
• NO “abuse of dominant position”.NO “abuse of dominant position”. BOSMAN caseBOSMAN case BALOG case BALOG case (never delivered).(never delivered). PIAU on players agentPIAU on players agent G-14,Charleroi V. FIFAG-14,Charleroi V. FIFA (The battle of the (The battle of the
TITANS !)TITANS !)
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THE THE MECA MEDINAMECA MEDINA CASE CASE
Compatibility of rules with the Compatibility of rules with the Community rules on competition cannot Community rules on competition cannot be assessed in the abstract.be assessed in the abstract.
Taking into account:Taking into account:• “ “the overall context” in which the decision the overall context” in which the decision
of the association of undertakings was of the association of undertakings was taken or produces its effects.taken or produces its effects.
• Its objectives: measures inherent in the Its objectives: measures inherent in the pursuit of those objectives and pursuit of those objectives and proportionate to them. proportionate to them.
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THE NEW SCENARIOTHE NEW SCENARIO
RETHINKING SPORT AT EU LEVEL?RETHINKING SPORT AT EU LEVEL? NEW STRATEGIES AMONG NEW STRATEGIES AMONG
STAKEHOLDERS?STAKEHOLDERS? MORE CO-OPERATION WITH THE EU MORE CO-OPERATION WITH THE EU
INSTITUTIONSINSTITUTIONS CHANGE THE EU LEGISLATION IN THE CHANGE THE EU LEGISLATION IN THE
NAME OF AUTONOMY AND NAME OF AUTONOMY AND SPECIFICITY OF SPORT?SPECIFICITY OF SPORT?
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CONCLUSIONCONCLUSION
SPORT IS FOR ALL SPORT IS FOR ALL (professionals and (professionals and amateurs)amateurs)
BUT IT IS NOT JUST A BUT IT IS NOT JUST A GAME...GAME...
EU SPORTS POLICY EU SPORTS POLICY FRAMEWORKFRAMEWORK
WE ARE THE PLAYERS WE ARE THE PLAYERS OF THE FUTURE OF OF THE FUTURE OF EUROPE!EUROPE!