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Library of the European Parliament 18/02/2010 Library Briefing Library of the European Parliament 18/02/2010 The EU and Sport "Mens sana in corpore sano": sport helps to In this briefing: keep "a healthy mind in a healthy body". Context Sport is very popular among EU citizens, EU framework not only as an activity, but also as entertainment. However, the growing Major case law commercialisation of sport has challenged European Parliament views its social, educational and cultural dimensions. A focus on some issues for football Until 1st December 2009, sport was not mentioned in the Treaties. The Commu- Main references nity's involvement in sport has thus been based on existing policies (e.g. audiovisual UEFA: Union of European Football Associations or health). Moreover, the case law of the FIFA: Fédération Internationale de Football Association Court of Justice (e.g. Bosman) has played a major role in clarifying the impact on sport Context of the provisions on both the free move- "What I know most surely about morality ment of workers and on competition. and the duty of man I owe to sport". The Lisbon Treaty gives explicit powers to Albert Camus' words, Nobel Prize in Litera- the EU to carry out actions to support, ture, remind us that sport transmits values. coordinate or supplement the actions of Sport has an important recreational, social, the Member States in the field of sport. educational and cultural role. Sport can give The European Parliament (EP) has dealt people a sense of belonging to a group. with a broad range of sport-related issues. In 2006, 70 million people in the EU The EP supports the UEFA "Home-Grown belonged to one of the 700,000 sport clubs. Players Rule", but not the FIFA "6+5 Rule". The overwhelming majority of athletes are amateurs. In 2004, 40% of EU citizens practised sports at least once a week. In Scandinavia, citizens seem to be fonder of sport than in Southern Member States (MS). Sport in a broad sense generated a value- added of €407 billion in 2004 (3.7% of EU GDP). The sector employed 15 million people (5.4% of the labour force). The commercial dimension of sport has increased with the rise in income provided EP President Jerzy Buzek and UEFA President Michel Platini. 1 November 2009. Source: © European Parliament. by television rights . Author: Guillaume Ragonnaud 100009REV2 Contact: 41164 - [email protected] Page 1 of 7 Library Briefing The EU and Sport For historical and cultural reasons, the sport may nevertheless have significant effects on sector is self-organised and self-regulated by policy and legal developments. independent governing bodies. Main initiatives The European Parliament (EP) has dealt with The first Community document recognising a wide variety of sport-related issues. The the importance of sport is the "Adonino re- new EU competence on sport introduced by port", endorsed by the Council in 1985. the Lisbon Treaty will give the EP a stronger Campaigns were launched to increase the role in this field. feeling of belonging to the Community through sport. EU framework The Declaration on sport annexed to the Sport in the Treaties Treaty of Amsterdam (1997) recognised Until the Lisbon Treaty, sport was not the role of sport in forging identity and mentioned in the Treaties. Therefore, no bringing people together. legislation with the explicit aim of regulating In 1999, the Commission adopted a Report sport could be adopted. with a view to safeguarding current sports Until the end of the 80s, Community structures and maintaining the social activities have been limited to the funding function of sport ("Helsinki Report"). The of international sporting events. Later on, Commission defended a European Model of the Community's sport policy agenda has Sport (figure 1), at a time when the growing experienced considerable expansion2. commercialisation of sport risked wea- kening its social and educational dimen- The Community's involvement in sport has sions. This report was the first attempt to been based on existing programmes and coordinate the Community's action in the policies3. A "soft law" approach has been field of sport. followed, i.e. the adoption of non-binding measures, such as Treaty Declarations, that Following this report, the European Council adopted in Nice (2000) a Declaration Figure 1: The European Model of Sport on the specific characteristics of sport and its social function in Europe. For the Council, the social, educational and cultural dimensions of sport should feature more prominently in national and Community policies. The Council recognised that sporting organisations and MS have a primary responsibility in dealing with sport issues. Priority themes for informal EU Ministers discussions were also defined in 2004 (doping, health, education, social function, volun- teering or economy). This still on- going "Rolling Agenda for Sport" is a joint initiative of the Commission and Data source: The European Model of Sport, European Commission, 1998. Author: Guillaume Ragonnaud 100009REV2 Contact: 41164 - [email protected] Page 2 of 7 Library Briefing The EU and Sport the Council. Furthermore, 2004 was be presented to the Council and the EP designated European Year of Education in autumn 2010. through Sport. Preparatory actions will be carried out in The White Paper on Sport (2007) is the 2010 and 2011. The first limited EU Sport basis for nearly all current EU sport-related Programme could come into force in activities. It covers three areas: the societal 2012 or 2013. role of sport, its economic dimension and its organisation. An Action Plan ("Pierre de Sport in the Lisbon Treaty – Art. 165 TFEU Coubertin") details future actions. According 1. ... The Union shall contribute to the promotion to the Commission, 80% of the 53 actions of European sporting issues, while taking are completed or underway. For the first account of the specific nature of sport, its time, the Commission dealt with sport in a structures based on voluntary activity and its comprehensive manner. social and educational function. A structured dialogue is also organised with 2. Union action shall be aimed at ... developing the European dimension in sport, by promoting sport organisations. fairness and openness in sporting competitions Indirect effects on sport of EU policies and cooperation between bodies responsible for Sport is indirectly affected by a number of sports, and by protecting the physical and moral EU policies: audiovisual (retransmission of integrity of sportsmen and sportswomen, events), culture, education, or public health. especially the youngest ... Moreover, sport is directly impacted by 3. The Union and the MS shall foster cooperation provisions in the area of free movement of with third countries and the competent workers or by competition policy. international organisations ... in particular the Council of Europe. The Lisbon Treaty The Lisbon Treaty provides a legal basis for 4. In order to contribute to the achievement of the objectives referred to in this Article ... the EP EU action in the field of sport. The EU and the Council, acting in accordance with the acquires a "soft competence" for sport: it can ordinary legislative procedure ... shall adopt carry out actions to support, coordinate or incentive measures, excluding any harmoni- supplement the actions of the MS (Art.6 sation of the laws and regulations of the MS. TFEU4). Competence rests primarily with the MS and the sporting federations. Formal Major case law5 meetings of EU Ministers can be held, and an EU Sport Programme becomes feasible. The case law of the Court of Justice of the EU Calendar (ECJ) has clarified the application of EU law to sport. First half of 2010: the Commission will carry out consultations on the ways to Walrave (1974, C-36/74) implement the new sport provisions of The ECJ ruled that sport is "subject to the Lisbon Treaty (including an EU Community law only in so far as it Sports forum in April). constitutes an economic activity". Mid-2010: the Commission could adopt a Therefore, the composition of national sport Decision for an EU Sport Programme and teams is not affected by the EC Treaty's a Communication on the impact of the prohibition of discrimination based on Lisbon Treaty on sport. The latter could nationality. EU law does not apply to rules Author: Guillaume Ragonnaud 100009REV2 Contact: 41164 - [email protected] Page 3 of 7 Library Briefing The EU and Sport that are of pure "sporting interest". This European Parliament views approach was also followed in Donà (1976, C-13/76) and Bosman (see below). In its Resolution on Women and Sport Bosman (1995, C-415-93) (2003), the EP asked that the gender This case concerns the application of the dimension of sport be taken into account. principle of free movement for sportsmen. The EP also condemned doping (2005), as contrary to the values of sport. Moreover, Firstly, the ECJ prohibited any rule that limits the EP underlined the role of sport in the number of professional players in a team attaining development goals (2005). In its who are nationals of another MS. Secondly, Declaration on racism (2006) the EP the ECJ prohibited fees for the transfers of proposed imposing sanctions on football players on the expiry of their contract. These associations and clubs when serious racist fees had limited the implementation of the offences are committed by supporters or free movement principle. players. The EP also condemned forced This landmark case law has had conside- prostitution in the context of world sports rable repercussions for sport, for instance on events (2006). In 2007, the EP stressed the the composition of football teams or on the educational values that sport transmits. 6 financing of sport . In its Resolution on the Future of Lehtonen (2000, Case C-176/96) Professional Football in Europe (2007), the EP expressed its attachment to the The ECJ recognised that the setting of European Football Model.
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