1 A FUTURE EUROPEAN SPORTS POLICY In the name of Autonomy and Specificity By Prof. Michele Colucci, Tilburg University Website: - Email:

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A FUTURE EUROPEAN A FUTURE EUROPEAN SPORTS POLICYSPORTS POLICY

In the name of Autonomy and SpecificityIn the name of Autonomy and Specificity

By By Prof. Michele Colucci, Tilburg University Prof. Michele Colucci, Tilburg University

Website: Website: www.colucci.euwww.colucci.eu - Email: - Email: [email protected]@colucci.eu Public hearing - European ParliamentPublic hearing - European Parliament

Brussels, 18 of November 2010Brussels, 18 of November 2010

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KEY QUESTIONSKEY QUESTIONS

WHO CAN DO WHAT?WHO CAN DO WHAT?What is the right level of EU What is the right level of EU

involvement in Sport ?involvement in Sport ?

What What dodo and what and what cancan Sports Sports Stakeholders expect from the Stakeholders expect from the European Union? European Union?

What are the potential areas of EU What are the potential areas of EU action?action?

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WHAT DO THE SPORTS WHAT DO THE SPORTS STAKEHOLDERS CLAIM?STAKEHOLDERS CLAIM?

LEGAL CERTAINTYLEGAL CERTAINTY

The The Meca MedinaMeca Medina judgement (2006) judgement (2006)

No general sports exemptionNo general sports exemption

Case by caseCase by case approach approach

Overal contextOveral context

ObjectivesObjectives

Proportionality of measures Proportionality of measures

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WHAT DO THE SPORTS WHAT DO THE SPORTS STAKEHOLDERS CLAIM?STAKEHOLDERS CLAIM?

SPECIFICITYSPECIFICITY

THE MAGIC WORD but...THE MAGIC WORD but...

WHAT ARE WE TALKING WHAT ARE WE TALKING ABOUT?ABOUT?

ONE, TEN, HUNDREDS ONE, TEN, HUNDREDS DEFINITIONS....DEFINITIONS....

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““SPECIFICITY OF SPORT”SPECIFICITY OF SPORT”First definition in the 2007 European First definition in the 2007 European Commission Commission WHITE PAPER ON SPORTWHITE PAPER ON SPORT

Art. 165 TFEU Art. 165 TFEU (entered into force on 1 (entered into force on 1 December 2009)December 2009)

OLYMPIC MOVEMENT (January 2010)OLYMPIC MOVEMENT (January 2010)

EU ATHLETES (March 2010)EU ATHLETES (March 2010)

References in Court of Arbritration of References in Court of Arbritration of Sport case lawSport case law

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Art.165 TFEUArt.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.

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SCOPESCOPEProfessionalsProfessionals AmateursAmateurs

What is in a name?What is in a name?

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UNION ACTIONUNION ACTIONart. 165 (2)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.

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WHO WHO CAN DOCAN DO WHATWHAT??Art. 165 (3)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.”

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WHO WHO CAN DOCAN DO WHATWHAT??[art. 165 (4)][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.

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WHAT ARE “INCENTIVE WHAT ARE “INCENTIVE MEASURES”?MEASURES”?

FUNDING PROGRAMMESFUNDING PROGRAMMES

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WhoWho can do can do whatwhat??(Article 6 TFEU)(Article 6 TFEU)

The Union shall have competence to carry out actions to support, coordinate or supplement the actions of the Member States.

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THE “SOCIAL DIALOGUE”THE “SOCIAL DIALOGUE”Artt. 152-153 TFEUArtt. 152-153 TFEU

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SOCIAL DIALOGUESOCIAL DIALOGUEHEALTH AND SAFETYHEALTH AND SAFETY

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Social DialogueSocial DialogueTRAINING COMPENSATIONTRAINING COMPENSATION

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TRAINING COMPENSATIONTRAINING COMPENSATIONThe BERNARD CASEThe BERNARD CASECoJ 16 of March 2010CoJ 16 of March 2010

A (training) scheme must be actually A (training) scheme must be actually capable of attaining the objective [of capable of attaining the objective [of encouraging the recruitment and training encouraging the recruitment and training of young playersof young players] and be proportionate to ] and be proportionate to it, taking due account of it, taking due account of the the costscosts borne borne by the clubs in training both future by the clubs in training both future professional players and those who will professional players and those who will never play professionallynever play professionally (para. 45). (para. 45).

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TRAINING COMPENSATIONTRAINING COMPENSATIONThe BERNARD CASEThe BERNARD CASECoJ 16 of March 2010CoJ 16 of March 2010

HOW TO CALCULATE THE REAL HOW TO CALCULATE THE REAL TRAINING COSTS?TRAINING COSTS?

WHO IS GOING TO CHECK THAT THE WHO IS GOING TO CHECK THAT THE JUDGEMENT IS RIGHTLY JUDGEMENT IS RIGHTLY IMPLEMENTED IN IMPLEMENTED IN MORE THAN 40 MORE THAN 40 SPORTS ASSOCIATIONSSPORTS ASSOCIATIONS MULTIPLIED MULTIPLIED BY 27 MEMBER STATES?BY 27 MEMBER STATES?

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TWO CONCRETE PROPOSALSTWO CONCRETE PROPOSALSon the basis of art. 165 TFUEon the basis of art. 165 TFUE

A A EUROPEAN SPORTS LAW AND EUROPEAN SPORTS LAW AND POLICY OBSERVATORYPOLICY OBSERVATORY

THE “THE “ERASMUS SPORTS ERASMUS SPORTS PROGRAMMEPROGRAMME””

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A EU OBSERVATORY ON A EU OBSERVATORY ON SPORTSPORT

TO COLLECT INFORMATION AND TO COLLECT INFORMATION AND DOCUMENTATION DOCUMENTATION

TO SPOT DEFICIENCIESTO SPOT DEFICIENCIES

TO FIND AND DISSEMINATE “BEST TO FIND AND DISSEMINATE “BEST PRACTICES”PRACTICES”

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THE “THE “ERASMUS SPORTS PROGRAMMEERASMUS SPORTS PROGRAMME””

MORE THAN AN EXCHANGE MORE THAN AN EXCHANGE PROGRAMMEPROGRAMME– Amateurs(the ones who play for fun!)- Amateurs(the ones who play for fun!)-

VolunteersVolunteers

EUROPEAN SPORTS EVENTSEUROPEAN SPORTS EVENTSEUROPEAN SPORTS SCHOOLS OR EUROPEAN SPORTS SCHOOLS OR ACADEMIESACADEMIESAND EVEN…EUROPEAN SPORTS AND EVEN…EUROPEAN SPORTS TEAMS TEAMS (Fontainebleau European Council (25 and 26 (Fontainebleau European Council (25 and 26 June 1984) Conclusions of the PresidencyJune 1984) Conclusions of the Presidency

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CONCLUSIONSCONCLUSIONS

SPORT AS AN INSTRUMENT SPORT AS AN INSTRUMENT OF EUROPEAN OF EUROPEAN INTEGRATION!INTEGRATION!