The struggle for a sport article: the EU Convention

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The struggle for a sport article the EU
Convention
Seminar on the Regulatory Impact of Community
Legislation on Sport Sofia, 9th February 2007
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From the Convention to the Constitution
2001 December
2002
2003
2004
2005
2006
CONVENTION
IGC
Ratifications by Member States
Draft Constitution WORKING BASE FOR THE IGC
Declaration of Laeken
June Council
FORUM
ratified by 14 MS 2 negative referenda (F, NL)
Revision of the existing treaties ? draft a
constitution with clearer structures, procedures
and responsibilities
Signature by Head of States or Governments on
29.10 2004
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Constitutional Treaty Ratification State of
Play
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The Convention and sport

• Aim create a legal basis for sport in
  the
• Constitutional Treaty (BSO,
  UEFA, ENGSO
• IOC etc.)
• Position Commission, Member States

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The Convention

• Rationale
• several incidents during the 1990s (freedom of
  movement, selling of TV rights, sponsorship)
• create legal foundation to protect specifity,
  structures and functions of sport

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The Convention

• Revisions of the Treaties
• ? Amsterdam declaration on sport
• ? social function, consult
• sport
  organizations
• ? Nice comprehensive declaration
  on sport
• ? EU shall take into account the
• specifity of
  sports in its action

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EDUCATION, VOCATIONAL TRAINING, YOUTH AND
SPORT Article III-282 1. (...) The
Union shall contribute to the promotion of
European sporting issues, while taking account
of its specific nature of sport, its
structures based on voluntary activity and its
social and educational function.
Union action shall be aimed at () (g)
developing the European dimension in sport, by
promoting fairness and openness in
sporting competitions and cooperation between
bodies responsible for sports, and by
protecting the physical and moral integrity of
sportsmen and sportswomen, especially young
sportsmen and sportswomen. 2. The Union
and the Member States shall foster cooperation
with third countries and the competent
international organisations in the field of
education and sport, in particular the
Council of Europe. 3. In order to contribute
to the achievement of the objectives referred to
in this Article, (a) European laws or framework
laws shall establish incentive actions, excluding
any harmonisation of the laws and
regulations of the Member States. They shall be
adopted after consultation of the
Committee of the Regions and the Economic and
Social Committee. ()
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The Convention

• Consequences
• ? increase in importance (formal meetings)
• ? protection of the specifity of sport
• ? European funding programme

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The Constitution an Assessment

• Simplification
• ? Constitution replaces different Treaties
• ? simplified set of legal instruments
• Democracy / Transparency
• ? Parliament gains power - 95 of European laws
  will
• be adopted jointly by the Parliament and
  the Council.
• ? Council meetings public
• ? Effectiveness
• ? Legitimacy

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CONSTITUTION 6 legislative instruments
BEFORE THE CONSTITUTION More than 15 legislative
instruments.

• Regulation
• Convention (EC Treaty)
• Convention (EC Treaty)
• Directive
• Framework Decision
• Decision
• Decision (Title V, EU Treaty)
• Decision (Title VI, EU Treaty)
• Principles and general approaches
• Joint strategy
• Action
• Common position (Title V, EU Treaty)
• Common position (Title VI, EU Treaty)
• Recommendation
• Opinion

Law Framework law Regulation Decision Recomme
ndation Opinion
Legislative acts
BINDING
Non legislative acts
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CLARIFICATION OF THE UNIONS POWERS
? Exclusive competences ? Shared
competences ? Supporting, coordinating
and complementary actions
Only the EU may legislate (customs Union,
competition, monetary policy, trade)
The EU or Member States may legislate (internal
market, transport, agriculture)

The EU cannot harmonize (sport)
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The struggle for a sport article the EU
Convention

• Contact
• Michael Trinker
• EU-Office of Sports
• Av. de Cortenbergh 89
• B-1000 Brussels
• Email bso_at_eu-sports-office.org
• Tel [phone]
• Fax [phone]
• HP http//www.eu-sports-office.org

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Thank you for your attention