Rules outside the scope of the EC. Treaty (sporting exception / ... Treaty but capable of justification / exemption. 3. Rules prohibited by the EC Treaty ... The Report identifies three types of ... licensing: 'â¦fall within the legitimate autonomy of.
Bosman at 10: The State of Play Sport & the EU Workshop Loughborough June 30 – July 1 Richard Parrish
The Themes {
Legal certainty - since Bosman has the legal environment been clarified?
{
Underlying problems – since Bosman have the underlying problems contributing to litigation been addressed?
{
The discipline – since Bosman have academics responded coherently to the debates?
Loughborough June 2006
2
Legal Certainty – Policy Initiatives {
The Amsterdam (TOA 1997)
Declaration
{
The Helsinki Report on Sport (1999)
{
Nice European Council Declaration on Sport (2000)
{
Article 282 Constitutional Treaty.
{
Independent Football Review (2006) Loughborough June 2006
on
Sport
3
Legal Certainty: Sports Regulation 10 Years After…. 1.
Rules outside the scope of the EC Treaty (sporting exception / inherent rules)
2.
Rules within the scope of the EC Treaty but capable of justification / exemption
3.
Rules prohibited by the EC Treaty Loughborough June 2006
4
Unresolved Issues { { { { { { {
Salary caps Licensing Home-grown players Player release clauses Break-away leagues European Model of Sport Services Directive
Loughborough June 2006
5
The Underlying Problems
{
Commercialisation.
{
Who gets what, when and how.
{
Stakeholder representation.
Loughborough June 2006
6
The Independent Football Review UK Presidency of EU initiative in 2005. Mandate: ‘To produce a report, independent of the Football Authorities, but commissioned by UEFA, on how the European football authorities, EU institutions and member states can best implement the Nice Declaration on European and national level’. Loughborough June 2006
7
The Nice Declaration on Sport ‘The European Council stresses its support for the independence of sports organisations and their right to organise themselves through appropriate associative structures. It recognises that, with due regard for national and Community legislation and on the basis of a democratic and transparent method of operation, it is the task of sporting organisations to organise and promote their particular sports…. While taking account of developments in the world of sport, federations must continue to be the key feature of a form of organisation providing a guarantee of sporting cohesion and participatory democracy’.
Loughborough June 2006
8
Specificity of Sport The Report identifies three types of sports rule designed to maintain: {
Regularity and proper functioning of competitions.
{
Integrity of sport.
{
Competitive balance. Loughborough June 2006
9
1. Regularity and Proper Functioning of Competitions {
{
{
Field of play rules, structure of championships and calendars: ‘such rules must lie within the sole discretion of the governing body’. Rules concerning the composition of national teams: ‘these rules do not conflict with Community law’. Rules relating to the national organisation of sport in Europe (home and away rule): ‘..a pure sporting measure escaping the application of EC competition law’. Loughborough June 2006
10
{
{
{
Rules concerning organisation of sporting competitions in the European sports pyramid structure: ‘rules related to the participation in sporting competitions in the European sports pyramid are not conflicting with Community law’. Rules relating to transfer ‘deadlines’: ‘certain restrictions on labour mobility may be justified in order to protect certain important features of sporting competition’. Rules concerning the transfer of players in general: ‘these principles are clearly in line with European legislation’. Loughborough June 2006
11
{
{
{
Rules to encourage the attendance of spectators at sporting events: ‘a good example of how to reconcile competition rules and the special characteristics of sport’. Rules concerning the release of players for national teams: ‘no conflict between the rule and any provision of Community law’. Rules concerning doping: ‘must be considered as pure sports rules and not subject to the prohibitions of Community law’.
Loughborough June 2006
12
2. Integrity of Sport {
{
{
Rules relating to good governance of clubs – club licensing: ‘…fall within the legitimate autonomy of the football authorities’. Rules related to the ownership/ control/ influence of clubs: ‘the discretion of the football authorities to take the necessary steps to safeguard the integrity of the competitions that they organise should be respected as matters falling within their natural sphere of influence’. Rules concerning players’ agents: ‘are inherent to the proper regulation of football and therefore compatible with Community law’.
Loughborough June 2006
13
3. Competitive Balance {
Rules concerning home grown players: ‘such a system, which promotes education and training and competitive balance should be seen as compatible with Community law’.
{
Rules concerning the central marketing of commercial rights: ‘it is both acceptable and necessary for the football authorities to require clubs to commit to a central marketing model as a condition of their participation in a sporting competition’.
{
Rules concerning salary caps: ‘this is a subject that should fall within the regulatory purview of sports governing bodies in Europe’.
Loughborough June 2006
14
The Issues {
The Report recommends the widening of UEFA’s territory of ‘autonomy’.
{
But ‘….both UEFA and its national associations must ensure that they are sufficiently representative and democratic and that they also respect appropriate governance standards’ (p.48).
{
The Nice Declaration did not extend to UEFA an open ended invitation to UEFA to ignore EC law.
{
Have the underlying problems of sports litigation been tackled since Bosman? – Stakeholder representation (who gets what, when and how)? See Oulmers. Loughborough June 2006
15
Stakeholder Representation in UEFA {
Professional Football Committee (discussions with leagues – EPFL, based on 1998 Memorandum of Understanding).
{
European Club Forum (represents best performing 100 clubs). No recognition of G14.
{
Clubs Competitions Committee (discussions with clubs on UEFA competitions).
{
Bi-lateral discussions with Fifpro (players union) based on 2005 Memorandum of Understanding.
{
UEFA, Leagues and Fifpro Panel (tripartite dialogue).
{
However, the stakeholder committees and panels are not formally part of UEFA decision making procedures. Loughborough June 2006
16
The State of the Discipline? {
{ { { { { { {
If the IFRs recommendations are adopted the territory of sporting autonomy will be expanded. Analytically, how can we explain these expansions and possible contractions? Multi-Level Governance Intergovernmentalism Neo-functionalism Policy Streams Advocacy Coalition Framework Policy Communities New Institutionalism
Loughborough June 2006
17
Conclusions {
{
{
Legal certainty - social dialogue a way forward? Underlying problems – what role for the social partners? State of the discipline – over to you… Loughborough June 2006
What's good for football may not work in other sports. ... professional status of basketball in the UK, it is worth thinking about which sports are played in leagues on a ... of actors and venues in relation to EU policy on sport with 'joined up.
... by the presence of a number of relevant disciplines: law, sociology, psychology, political ... professional status of basketball in the UK, it is worth thinking about which ... There was considerable discussion of the role of the fan as consumer.
Whilst the roots of these processes can be traced back to the late nineteenth century. (see, for example, Dunning, 1999; Dunning and Sheard, 2005; Hargreaves, ...
commercialization, internationalization and commodification of the game (see, for .... brings me to the importance of accounting for the significance of the ...
We hope we will offer you something of your interest in this issue and most important, that you will .... understand the principals, and the purposes and actions of ...
This book is a lucid exposition of the basic principles of Kajiwara's Go theory and a guide to applying these principles in your own game. Above all else ...Missing:
The Principle of Play. âPlay like children playingâ. Throw and catch the ball. âalways with the same handâ. âchanging handsâ. âwith a half turnâ. âin pairsâ. 109 ...
Jun 30, 2006 - Department of Politics and International Studies, University of Warwick ... Bosman: situation and perspectives, University of Loughborough, ... Why should the EU have a bias in favour of big business? ... and rising economic powers suc
presence of several Sport&EU members at the 10th European Union Studies ... This edition closes by outlining details of plans for a future Special Issue of the .... In Bosman, the ECJ declared that a system restricting the free ... a view that has co
Dec 1, 2006 - UEFA sees the platform as being more about diet and nutrition whilst their focus .... (see http://ec.europa.eu/sport/doc/figel_federations_Report_en.pdf). ... act as rapporteurs for this project and are now issuing a call for ...
Welcome to the fourth issue of the Sport&EU Newsletter! ... reporting on the JCER Special Issue on the EU and Sport in which five main articles have been.
including downloadable versions of the papers can be found at www.sportandeu. com/workshop. See www.uaces.org/jeanmonnet.htm for details of UK and Irish.
University from September this year. Luckily, this has not caused any rupture with regard to the organisation of the Conference at Limerick, which has continued ...
Dec 1, 2006 - Welcome to the first issue of the Sport&EU newsletter in which we ... www.sportandeu.com), its purpose is also to disseminate ideas, ..... Further information on the programme, including copies of abstracts and powerpoint.
representation is not just a question of process; it also has implications for .... even though they hadn't won as many titles, they were No 1 in terms of business.
current status of real-time algorithms, biologists daringly desire the exploration of ... and reliable methodologies use the memory bus to study. B-trees. ... technical property of GanguePongee. Figure 1 depicts ... ware is available under a the Gnu
frequently Europeanisation is referred to as domestic change, in terms of policy .... This section will formulate several systematisations, which are to some .... the abolishment of the so-called '3+2 rule' â negotiated at the beginning of the 1990
Identity. In the real world, identity is about a person. The general way of identifying oneself is by using one's name. The proof is a birth certificate, a passport ...
Project FIRST - Film Restoration & Conservation Strategies - June 2003. 11. ...... The Oxberry, Klone (obsolete), Genesis and the Golden Eye fall into this category. ...... that an device will be available for 30 years that would be able to download
sub-systems such as transnational trade, international labour law, cyber ..... Whereas the strict liability rule used to be applied in a 'very strict' sense in the early.
European identity- reduce the democratic deficit and increase public support for ... important economic factor and appropriate instrument of public relationsâ .... can exploit the greater investment opportunities provided by open financial ..... 20
Page 1 ... to hire rather than train new talent, and indigenous role-models are lost to a global market- place. Changes may also be taking place in the ..... players who complained to the management or media behind their coach's backs. 18 ...
sub-systems such as transnational trade, international labour law, cyber ..... Whereas the strict liability rule used to be applied in a 'very strict' sense in the early.
contract third country national players within the EU/EEA was to enter into ..... of the Court of First Instance, rather than turning down the convergence theory. 48.
