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Olympic movement charts 'off-limit' sport rules

Published 19 February 2010
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With the new European Commission in place, the Olympic Movement has been quick to table its priorities for implementing the new EU competence on sport.

The Olympic Movement, together with sports federations like international football federation FIFA and the International Rugby Board (IRB) last week presented a position paper detailing the various rules which, they argue, "define the framework of the specific nature of sport and guarantee stable and balanced sporting competitions as well as their integrity".

The paper lists a series of examples of rules and principles that should be safeguarded and thus deserve "specific treatment" when considering their compliance with EU law. These rules include:

  • Technical rules for different sports, such as ball size, number of players and referee behaviour;
  • selection criteria for international sports competitions, the sporting calendar, composition of national teams and the release of national players;
  • the principle of territoriality for club competitions, composition of teams and training of athletes;
  • various rules to preserve the integrity of sports competitions, such as anti-doping rules, measures against illegal betting and corruption and regulating the activities of players' agents;
  • rules related to dispute-resolution mechanisms, such as arbitration in sport;
  • free movement of players, and;
  • collective selling of the commercial and media rights of sports competitions.

The EU institutions are called upon to adopt a recommendation and concrete guidance on how to ensure that these specific characteristics, as well as the autonomy of sports organisations, are respected.

Commission consultation to kick-start Lisbon's sport provisions

The European Commission will shortly launch a wide consultation regarding the implementation of the Lisbon Treaty's sport provisions. The consultation will lead the way for the adoption of political documents as a follow-up to the July 2007 EU White Paper on Sport.

The EU executive is set to publish a communication on the impact of the Lisbon Treaty on sport - the first-ever Commission communication on sport - and a draft decision regarding the EU's sports programme and budget in mid-2010.

Next steps: 
  • 3 March 2010: Commission to launch public consultation on implementation of Lisbon Treaty's sport provisions.
Background: 

Article 165 of the Lisbon Treaty gives the EU a competence on sport, but stresses that the Union should contribute to the promotion of European sports issues "while taking account of the specific nature of sport, its structures based on voluntary activity and its social and educational functions".

European sports governing bodies have expressed concern regarding the EU's interference in sports rules and hope the Lisbon Treaty's reference to "the specific nature of sport" will guarantee that rules are exempt from EU legislation.

A recent (2006) judgement of the European Court of Justice (ECJ) on the so-called Meca-Medina case is considered by some experts to mark the end of the 'sporting exception', as it stated that anti-doping regulations fall under the bloc's competition laws.

The court ruled that anti-doping regulations contravened the bloc's competition laws by removing the two banned swimmers' freedom to compete after positive doping tests.

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