(2000/C 225 E/069) Written Question E-2188/99

Total Page:16

File Type:pdf, Size:1020Kb

(2000/C 225 E/069) Written Question E-2188/99 C 225 E/70 Official Journal of the European Communities EN 8.8.2000 (2000/C 225 E/069) WRITTEN QUESTION E-2188/99 by Konstantinos Hatzidakis (PPE-DE) to the Commission (29 November 1999) Subject: Review of the Bosman ruling The ruling of the Court of Justice of the European Communities (ECJ) in the Bosman case (C 415/93) created a new framework for the free movement of sportsmen, which has since completely changed the face of sport in Europe, particularly football. Now, however, four years after the ruling, few still believe that the changes it brought about are moving in the right direction or that they are for the good of sport. A vitally important factor the identification of fans with their clubs is being totally eradicated as the clubs have been transformed, in reality, into multinational companies with the smaller clubs no longer having the incentive to produce and nurture sportsmen when they will very quickly fall prey to the voracious appetites of the big, financially powerful clubs. The ECJ’s decision to assess the case from the point of view of non-discrimination and freedom of movement alone, totally ignoring the obvious cultural, educational and ethical aspects of sport in general and of football, in particular, has been described by many as completely misconceived. In the light of the above and the fact that a barrage of legal argument has been used to attack the grounds for the ruling as being partial, and given that that more and more voices at European level are calling for a review of the Bosman ruling, will the Commission say: 1. what its position is on this matter following the incorporation into the Amsterdam Treaty of Declaration No 29 on sport, which emphasises the social significance of sport and the particular characteristics of amateur sport and also provides scope for the bodies of the European Union to take action, and 2. whether, in that context, it will initiate any form of proceedings before the ECJ to review this ruling, or at least take some form of legal initiative to stem its repercussions and promote a solution that will take greater account of the cultural, social and educational role of sport? Answer given by Mrs Diamantopoulou on behalf of the Commission (31 January 2000) The Commission would remind the Honourable Member that the Bosman ruling confirmed that the principle of free movement of workers applies to the Community’s professional sportsmen at the end of their contract. This ruling condemned the payment of transfer fees and fees for training and development, particularly where these have no bearing on the real cost of training, in the case of international transfers, within the Community, of professional sportsmen at the end of their contract. It also condemned the imposition of limits on the number of players from other Member States who are allowed to play in competitions between clubs. The Commission, as guardian of the Treaties, is obliged to ensure that the Bosman ruling is observed. With regard to the Commission’s position concerning the repercussions of this ruling on the organisation of sport in Europe, the Honourable Member should consult the communication of the Commission (1)on its report to the European Council with a view to safeguarding current sports structures and maintaining the social function of sport within the Community framework (Helsinki report on sport). It is stated in this report that the Commission is prepared to work together with the sporting federations to examine alternatives to the transfer systems condemned by the Court, in order to ensure the balanced development of sport and the training of young sportsmen and women. As regards revision of the EC Treaty, the Commission has published its contribution to the next intergovernmental conference. The proposal to enshrine sport in the EC Treaty was not adopted. (1) COM(1999) 644 final..
Recommended publications
  • The Relationship Between EU Law and CAS Jurisprudence
    The relationship btw EU law and CAS From the Bosman Ruling to the ISU case(s) By Alessandro Oliverio Law School of Chukyo University (JPN) January 2018 The relationship btw EU Law and CAS 1 The sources of sports law (Olympic Charter) IOC IFs NOCs NFs Clubs – Leagues Athletes WADA CAS January 2018 The relationship btw EU Law and CAS 2 The CAS – main features History established in 1984 Before 1995: few cases x year 1993: SFT Gundel ruling: recognition as independent and impartial tribunal / legitimacy of awards 1994: CAS reform: creation of ICAS (International Council of Arbitration for Sport) 1995: ECJ Bosman ruling / binding arbitration clauses in the SGBs’ statutes 2000: ad-hoc division at the Olympics 2003: 100 cases x year (adoption of WADA code) 2016: 500 cases x year Procedure Arbitration clause Ordinary Division (disputes of commercial/contractual nature) Appeal Division (decisions of SGBs) Supreme Court of World Sport Closed list of arbitrators (369). Japan: 2 Switzerland: 29 Panel of 3 arbitrators Time limits: R49 21 days – R59 3 months Binding award. Challenge (annulment) before SFT for incompability with public policy January 2018 The relationship btw EU Law and CAS 3 The EU instituions in brief (1) The EU Parliament: Directly-elected EU body with legislative, supervisory, and budgetary responsibilities White Paper on sport (2007): Its overall objective is to give strategic orientation on the role of sport in Europe, to encourage debate on specific problems, to enhance the visibility of sport in EU policy-making and to raise public awareness of the needs and specificities of sector.
    [Show full text]
  • Evidence from the European Football Mar Et
    Taxation and International Migration of Superstars: Evidence from the European Football Market∗ Henrik Jacobsen Kleven, London School of Economics Camille Landais, Stanford University Emmanuel Saez, UC Berkeley June 2011 Abstract This paper analyzes the effects of top earnings tax rates on the international migration of football players in Europe. We construct a panel data set of top earnings tax rates, football player careers, and club performances in the first leagues of 14 European coun- tries since 1985. We identify the effects of top earnings tax rates on migration using a number of tax and institutional changes: (a) the 1995 Bosman ruling which liberalized the European football market, (b) top tax rate reforms within countries, and (c) special tax schemes offering preferential tax rates to immigrant football players. We start by present- ing reduced-form graphical evidence showing large and compelling migration responses to country-specific tax reforms and labor market regulation. We then develop a multinomial regression framework to exploit all sources of tax variation simultaneously. Our results show that (i) the overall location elasticity with respect to the net-of-tax rate is positive and large, (ii) location elasticities are extremely large at the top of the ability distribu- tion but negative at the bottom due to ability sorting effects, and (iii) cross-tax effects of foreign players on domestic players (and vice versa) are negative and quite strong due to displacement effects. ∗We would like to thank Raj Chetty, Caroline Hoxby, Larry Katz, Wojciech Kopczuk, Claus Kreiner, Thomas Piketty, James Poterba, Guttorm Schjelderup, Dan Silverman, Joel Slemrod, and numerous seminar participants for helpful comments and discussions.
    [Show full text]
  • The Future of Football in the European Union – from a Legal Point of View
    The Future of Football in the European Union – from a Legal Point of View Marie Kronberg University of Passau, Germany Publicerad på Internet, www.idrottsforum.org/articles/kronberg/kronberg101013.html (ISSN 1652–7224), 2010–10–13 Copyright © Marie Kronberg 2010. All rights reserved. Except for the quotation of short passages for the purposes of criticism and review, no part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of the author. It’s often said, about one thing or the other, that if it didn’t exist, someone would invent it. This applies very much to sports, although it is clearly difficult to reason counterfactually about a phe- nomenon that so permeates the daily lives of all people. So let’s avoid imagining a world with- out sports, and restrict this speculation to a supposed introduction of sports in society in 2010. How would that work? – Like so much else today, it would probably be a project introduced from above, e.g. in Europe at EU level, with directives to member states to adopt laws that initiate and regulate this new form of entertainment. Much of what we today take for granted in terms of recreational and competitive sports would probably never come into being, such as sports where the participants might get hurt (like boxing), or where the environment might suffer (such as motor racing), or contests between nations – international competitions would most likely take the form of the Ryder Cup, extrapolated to the global level, that is to say that Europe will compete against the U.S.
    [Show full text]
  • David Held, Anthony Mcgrew, David Goldblatt, Jonathan Perraton
    EUROPEANIZATION AND THE EMERGENCE OF A EUROPEAN SOCIETY Juan Díez Medrano 2008/12 Juan Díez Medrano Institut Barcelona d'Estudis Internacionals (IBEI) / Universitat de Barcelona. Research Program Coordinator “Networks and Institutions in a Global Society” at IBEI, and Professor of the University of Barcelona at the Dept. of Department of Sociological Theory, Philosophy of Law and Methodology for Social Sciences [email protected] / [email protected] ISSN: 1886-2802 IBEI WORKING PAPERS 2008/12 Europeanization and the Emergence of a European Society © Juan Díez Medrano © IBEI, de esta edición Edita: CIDOB edicions Elisabets, 12 08001 Barcelona Tel. 93 302 64 95 Fax. 93 302 21 18 E-mail: [email protected] URL: www.cidob.org Depósito legal: B-21.147-2006 ISSN:1886-2802 Imprime: Color Marfil, S.L. Barcelona, January 2008 EUROPEANIZATION AND THE EMERGENCE OF A EUROPEAN SOCIETY Juan Díez Medrano Abstract: This article examines the European integration process from a sociological perspective, where the main focus is the examination of the social consequences of the integration process. The European Union has advanced significantly in the economic, social, and political integra- tion processes. This has resulted in a rapid Europeanization of behavior. There has hardly been any progress, however, toward the development of European social groups. This article exam- ines the causes of this lag and concludes that it is highly unlikely that in the middle run there be significant progress toward the Europeanization of society. Key words: European integration, Identity, Sociology. -3- 1. Introduction orking Papers The literature on European integration of the last fifty years has focused almost exclusively on the process of economic and political institutionalization.
    [Show full text]
  • The Bosman Ruling: Impact of Player Mobility on FIFA Rankings
    Haverford College – Economics Department The Bosman Ruling: Impact of Player Mobility on FIFA Rankings Jordana Brownstone 4/29/2010 2 Table of Contents Abstract ...............................................................................................................................3 Acknowledgement ..............................................................................................................4 I. INTRODUCTION ..........................................................................................................5 II. LITERATURE REVIEW ..........................................................................................10 III. DATA AND METHODOLOGY .............................................................................20 Table I .......................................................................................................................22 IV. ESTIMATION ...........................................................................................................23 V. RESULTS ....................................................................................................................23 Table 2 - Effect of Bosman on number of non-Western players in Western European Premier Leagues ........................................................................................................25 Table 3 - Effect of Bosman on regional players in Western Europe ........................27 Table 4 - Effect of Players in “Big 5” Premier Leagues on FIFA rankings ..............28 VI. CONCLUSION ..........................................................................................................31
    [Show full text]
  • Answer Given by Mr Verheugen on Behalf of the Commission
    29.8.2002 EN Official Journal of the European Communities C 205 E/19 Answer given by Mr Verheugen on behalf of the Commission (12 December 2001) Under the European Initiative for Democracy and Human Rights (budget line B7-700), the Commission has provided financial support to the non-governmental organisation (NGO)‘Latvian Human Rights Committee’ for a micro-project entitled ‘Informative Service on Migration Issues’. The total budget of this project was estimated at 4 300 Euro, with a maximum Community funding of 3 850 Euro. The NGO ‘Latvian Human Rights Committee’ aims at defending the interests of the Russian-speaking population in Latvia with a special focus on citizenship issues. The purpose of the project referred to above was to provide information and legal advice on migration legislation in order to reduce the number of persons living in Latvia without any legal status or without any valid personal documents. To achieve this objective, various activities were carried out, including the publication of articles in newspapers that the ‘Latvian Human Rights Committee’ assumed to be read by the target group. One of these was the publication ‘Panorama Latvii’. It should be noted Mr Alfreds Rubiks does not hold any publishing functions in this newspaper, although the newspaper has at some occasions supported his views. The project was carried out in close cooperation with the Department of Citizenship and Migration Affairs of the Latvian Ministry of Interior. (2002/C 205 E/019) WRITTEN QUESTION P-2997/01 by Toine Manders (ELDR) to the Commission (22 October 2001) Subject: Football: undesirable effects of the new transfer system The former transfer system for professional footballers was, as is well known, abolished following the ruling in the Bosman case on the grounds that it contravened the right to freedom of movement within the internal market.
    [Show full text]
  • This Thesis Has Been Submitted in Fulfilment of the Requirements for a Postgraduate Degree (E.G
    This thesis has been submitted in fulfilment of the requirements for a postgraduate degree (e.g. PhD, MPhil, DClinPsychol) at the University of Edinburgh. Please note the following terms and conditions of use: • This work is protected by copyright and other intellectual property rights, which are retained by the thesis author, unless otherwise stated. • A copy can be downloaded for personal non-commercial research or study, without prior permission or charge. • This thesis cannot be reproduced or quoted extensively from without first obtaining permission in writing from the author. • The content must not be changed in any way or sold commercially in any format or medium without the formal permission of the author. • When referring to this work, full bibliographic details including the author, title, awarding institution and date of the thesis must be given. Space to Breathe: Subsidiarity, the Court of Justice and EU Free Movement Law By Thomas Horsley LL.B (Hons) LL.M (Edinburgh) PhD in Law The University of Edinburgh 2011 1 Table of Contents Table of Contents 2 Acknowledgements 7 Declaration 8 Abstract 9 List of Abbreviations 10 Introduction 12 Chapter 1 Subsidiarity and its evolution as a legal principle 1. Introduction ......................................................................................................... 21 2. Definition, origins and evolution ........................................................................ 21 2.1 Definition .............................................................................................
    [Show full text]
  • Legal Legends in Sport and the Future of Sports Law
    World Players’ Union Legal Legends in sport and the future of sports law 14-15 December 2015 FIFPro Sports Law Congress Amsterdam George Eastham In 1964, George Eastham partly won his legal action against his club Newcastle United. He went to court because the so-called retain-and-transfer system, which was then in place in Britain, did allow clubs to keep a player’s registration even after his contract had run out and without being obliged to pay him. The British High Court ruled that the retain-and-transfer system was unrea- 1964 sonable. This lead to a reform of the British transfer market, resulting in ‘fairer’ terms for players looking to re-sign with their clubs, and the creation of an arbitration committee for transfers. Jean-Marc Bosman In 1995, Jean-Marc Bosman won his legal action against his club RC Liège and the Belgian FA at the European Court of Justice, which granted him freedom of movement and allowed him to leave the club without any financial compensation 1995 after he had served his entire contract. His case created a precedent. As a consequence, all professional footballers (and other athletes) are free to join any club after seeing out their contracts. Introduction Legal Legends in sport and the future of sports law For two reasons, 15 December 2015 is a special The current combination of regulations, day for FIFPro. Firstly it marks our anniversary, legislation and jurisprudence requires an as 15 December 1965 is the day that representa- extraordinary level of understanding by legal tives of professional footballers’ associations experts within the business, more specifically from England, France, Italy, the Netherlands by all representatives fighting for the rights of and Scotland established the worldwide their players.
    [Show full text]
  • Ideas, Laws and Decisions in The
    MORE THAN A MARKET? The Regulation of Sport in the European Union* Dionyssis G. Dimitrakopoulos Abstract: The explanatory capacity of ideas has been contested on two grounds. First, ideas have been dismissed as epiphenomenal. Second, ideational explanations have been criticized for limited importance that they ascribe to agency. This article examines the involvement of the European Commission in previously unchartered territory, namely the regulation of professional sport in Europe. It demonstrates that in conditions of ambiguity and uncertainty created by the need to implement broad Treaty-based principles in new areas of socio-economic activity, ideas, first, act as road maps that direct the executive activity of the European Commission, legitimize it, and set limits to it by identifying the relevant deeply embedded conceptions of the nature of a given activity and by linking them to a wider, historically defined normative order. Second, ideas are also powerful political weapons used by political actors in their quest to advance their interests. INTRODUCTION Existing analyses of the role of ideas - defined here as ‘principled beliefs’ that ‘specify criteria for distinguishing right from wrong and just from unjust’ and ‘translate fundamental doctrines into guidance for contemporary human action’1– in the policy process portray them as significant factors that affect political outcomes. Ideas do so (i) by providing ‘road maps’ that guide political action, (ii) by establishing focal points that resolve problems in cases of multiple equilibria and (iii) through the institutions that embody them.2 This is unsurprising given that ‘politics finds its sources not only in power but also in uncertainty-men collectively wondering what to do […] Governments not only “power” […] they also puzzle.
    [Show full text]
  • Sports Law and Policy in the European Union
    EPRU Sports law and policy in the European Union Sports law and policy in the European European Series Sports law and policy in the European Union Policy Research Unit Series The commercialisation of sport in Europe raises important questions concerning the most appropriate method of regulating sporting activity. The development of the European Union and the internationalisation of sporting competition has added an international dimension to this debate. Yet sport is not simply a business to be Sports law regulated in the same way as any other industry. It is also a social and cultural activity. Can regulation at EU level reconcile this tension? Adopting a distinctive legal and political analysis, this book argues that the EU is receptive to the sports sectors claims for special treatment before the law. The book investigates the birth of EU sports law and policy by examining: and policy • the Bosman ruling and other significant European Court of Justice decisions; • the relationship between sport and EU competition law; in the • the possibility of sport being exempt from EU law; • the relationship between sport and the EU Treaty; • the development of a EU sports policy. European This book is essential for those interested in the major issues facing sport and its relationship with the EU. It is essential for those interested in sports law, the politics of sport and EU integration. It offers important insights into these debates and raises key questions concerning the appropriate theoretical tools for analysing Union European integration. Richard Parrish is a lecturer in Law at Edge Hill College. Parrish ISBN 0 7190 6607 7 Richard Parrish 9 780719 066078 Sports law and policy in the European Union European Policy Research Unit Series Series Editors: Simon Bulmer, Peter Humphreys and Mick Moran The European Policy Research Unit Series aims to provide advanced textbooks and thematic studies of key public policy issues in Europe.
    [Show full text]
  • UEFA and the European Union: from Confrontation to Co-Operation?
    ▌JCER Volume 3 • Issue 3 202 UEFA and the European Union: From Confrontation to Co-operation? Borja García Abstract This article investigates the relationship between UEFA, as European football’s governing body, and the EU. It assesses the evolution of UEFA as a football governing body since the Bosman ruling (1995) until current initiatives such as the rules on locally-trained players (2005-2006). The paper traces the evolution of UEFA’s reactions to the increasing involvement of EU institutions in football matters, with special focus on the regulation of the players’ market. It is argued that UEFA’s attitude towards the EU has changed in the last ten years. Whilst the EU was seen as a threat for UEFA in 1995, it is now considered a ‘long term strategic partner’. Two main reasons can be identified for UEFA’s evolution. First and foremost, UEFA has been forced to accept the primacy of European law and its application to the activities of football organisations. UEFA has had no option but to adapt to the impact of European law and policies on its activities. This has lead to a relationship of ‘supervised’ autonomy between UEFA and the EU institutions. Second, UEFA’s strategic vision to preserve its own position within the governance structures of football. UEFA has tried to enhance its legitimacy within football’s governing structures by engaging in policy co-operation with EU authorities. This paper draws almost entirely on empirical research conducted through elite interviews and the review of official documents. IN DECEMBER 1995 THE PRESIDENT OF THE UNION OF EUROPEAN FOOTBALL ASSOCIATIONS (UEFA), Lennart Johansson, considered that the European Union (EU) was trying ‘to kill club football in Europe’ (quoted in Thomsen 1995).
    [Show full text]
  • FIFA Transfer Rules and Unilateral Termination Without •Œjust
    Berkeley Journal of Entertainment and Sports Law Volume 2 | Issue 1 Article 3 April 2013 FIFA Transfer Rules and Unilateral Termination Without “Just Cause” Paul A. Czarnota [email protected] Follow this and additional works at: http://scholarship.law.berkeley.edu/bjesl Part of the Entertainment, Arts, and Sports Law Commons Recommended Citation Paul A. Czarnota, FIFA Transfer Rules and Unilateral Termination Without “Just Cause”, 2 Berkeley J. Ent. & Sports L. (2013). Available at: http://scholarship.law.berkeley.edu/bjesl/vol2/iss1/3 Link to publisher version (DOI) http://dx.doi.org/doi:10.15779/Z38KS8X This Article is brought to you for free and open access by the Law Journals and Related Materials at Berkeley Law Scholarship Repository. It has been accepted for inclusion in Berkeley Journal of Entertainment and Sports Law by an authorized administrator of Berkeley Law Scholarship Repository. For more information, please contact [email protected]. FIFA TRANSFER RULES AND UNILATERAL TERMINATION WITHOUT “JUST CAUSE” Paul A. Czarnota ∗ 1. Introduction ..................................................................................................... 2 2. Background ..................................................................................................... 3 3. Contractual Stability VS. Free Movement of Workers ................................... 7 4. Transfer Rules ............................................................................................... 10 5. Article 17 ‘jurisprudence’ ............................................................................
    [Show full text]