““Looking into the future: the Looking into the future: the implementation of the Lisbon Treaty in implementation of the Lisbon Treaty in the field of sport. Jacob Kornbeck” the field of sport. Jacob Kornbeck”

Jacob Kornbeck Jacob Kornbeck

Willy Calewaert Chair Seventh and Final LectureWilly Calewaert Chair Seventh and Final Lecture VUB, Brussels, Thursday, 31 March 2011, 6.00-7.15 pmVUB, Brussels, Thursday, 31 March 2011, 6.00-7.15 pm

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1. Recapitulate the main points and conclusions of the preceding six lectures

2. Present and explain the main ideas and proposals of the Commission’s 2011 Communication on Sport

3. Theoretical perspectives:• Neofunctionalism versus intergovernmentalism• Path dependency• Regulation versus inspiration

4. Look into the future

Objectives of this SessionObjectives of this Session

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• Session 1: EU involvement in sport matters: an opportunity for renewal? Jacob Kornbeck

• “Brussels” does not only intervene via “regulation”.• “Brussels” may be a source of “inspiration”.

• Session 2: The ongoing fight against doping in sport. Jacob Kornbeck

• The fight is important but has become the target of criticism.

• Developments at EU level are increasingly flowing into the debate (e.g., data protection, “whereabouts”).

1. Conclusions from the Lectures1. Conclusions from the Lectures

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• Session 3: Sport and the media: which role does the EU play? Gianluca Monte

• EU law is playing an increasingly important role in this field. • The licensing of sport rights on a territorial basis shows

tensions between different actors’ expectations/interests.

• Session 4: EU perspective on Education and Training Qualifications in Sport. Bart Ooijen

• More confusion that one might imagine: the EU has a coordinating role but cannot prescribe.

• EQF is a framework decision, hence not binding.• Directive on regulated professions (2005/36) not well

known in the sport sector;

1. Conclusions from the Lectures1. Conclusions from the Lectures

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• Session 5: Transfers, licensing systems and players’ agents: the EU as a gatekeeper of the integrity of sport competitions? Gianluca Monte

• Special focus on “financial fair play”.• Important new case law (C-325/08 Olympique Lyonnais v

Olivier Bernard& Newcastle)

• Session 6: Play, not Therapy: the EU’s role in promoting health-enhancing physical activity (HEPA). Jacob Kornbeck

• Not an area for regulation, but Member States and sport organisations ask for inspiration (2008 EU Physical Activity Guidelines, 2010 Special Eurobarometer Sport and PA)

1. Conclusions from the Lectures1. Conclusions from the Lectures

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General conclusions

• Lectures have shown examples of regulation as well as of inspiration.

• Binding EU secondary law may apply, but not because the subject matter has to do with sport.

• Sport is an area where the Union may “carry out actions to support, coordinate or supplement the actions of the Member States” (Article 6 TFEU). Harmonisation is specifically banned (Article 165 (4) TFEU).

1. Conclusions from the Lectures1. Conclusions from the Lectures

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General conclusions

• Certainly a case for more “inspiration” than “regulation”.• And yet, “inspiration” may also come from a legal text, such

as the Charter (e.g., Conseil d'État [France], N° 340122, Union Nationale des Footballeurs Professionnels): reference to the Charter of Fundamental Rights.

1. Conclusions from the Lectures1. Conclusions from the Lectures

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Commission Communication: "Developing the European Dimension in Sport“ (18.01.2011, (COM(2011) 12

http://ec.europa.eu/sport/news/news984_en.htm

Includes • Communication (all official languages) • Staff Working Document on free movement • Impact Assessment • Impact Assessment Summary • Link to the Press Release

2. The 2011 Communication2. The 2011 Communication

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Main constituting elements

COM(2011) 1218 January 2011

Building on the White Paper on sportFocus on policy support and coordinationActions engaging the Commission and the Member States

2. The 2011 Communication2. The 2011 Communication

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2. The 2011 Communication2. The 2011 Communication

Structure of the Communication

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THE SOCIETAL ROLE OF SPORT• Fight against doping• Education, training and qualifications in sport• Prevention of and fight against violence and intolerance• Enhancing health through sport• Social inclusion in and through sport

2. The 2011 Communication2. The 2011 Communication

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Regulation or Inspiration?Example 1 (doping):• Commission: examine the most appropriate way to reinforce

measures against trade in doping substances by organised networks, including if possible through criminal law.

Example 2 (social inclusion):• Commission and Member States: develop and disseminate

standards for accessibility of sport, leisure and recreation organisations, activities, events and venues through the European Disability Strategy.

2. The 2011 Communication2. The 2011 Communication

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Regulation or Inspiration?Example 3 (violence and intolerance):• Commission: support activities aimed at fighting against

racism, xenophobia, homophobia and related intolerance in sport.

Example 4 (social inclusion):• Commission and Member States: Commission: support

transnational projects promoting women's access to leadership positions in sport and access to sport for women in a disadvantaged position. In this context, include sport in the database and network of women in leadership positions.

2. The 2011 Communication2. The 2011 Communication

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THE ECONOMIC DIMENSION OF SPORT• Evidence-based policy-making in the field of sport• Sustainable financing of sport• Application of EU State aid rules to sport• Regional development and employability

2. The 2011 Communication2. The 2011 Communication

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Regulation or Inspiration?Example 5 (evidence-based policy-making):• Commission: study the feasibility of establishing a sport

monitoring function in the EU to analyse trends, collect data, interpret statistics, facilitate research, launch surveys and studies, and promote exchange of information.

Example 6 (sustainable financing):• Commission: ensure that intellectual property rights that

might arise in the coverage of sport events are taken into account in the implementation of the Digital Agenda initiative.

2. The 2011 Communication2. The 2011 Communication

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Regulation or Inspiration?Example 7 (sustainable financing):• Commission: launch a study to analyse sport organisers'

rights and image rights in sport from the perspective of the EU legal framework.

Example 8 (state aid):• Commission: monitor the application of State aid law in the

field of sport and consider guidance if the number of sport-related State aid cases increases.

2. The 2011 Communication2. The 2011 Communication

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THE ORGANISATION OF SPORT• Promotion of good governance in sport• The specific nature of sport• Free movement and nationality of sportspeople• Transfer rules and the activities of sport agents• European social dialogue in the sport sector

2. The 2011 Communication2. The 2011 Communication

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Example 9 (good governance):• Commission: promote standards of sport governance through• exchange of good practice and targeted support to specific

initiatives.Example 10 (specific nature of sport):• Commission: provide assistance and guidance, on a theme-

per-theme basis, relating to the application of the concept of the specific nature of sport.

2. The 2011 Communication2. The 2011 Communication

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Regulation or Inspiration?Example 11 (free movement):• Commission: assess the consequences of rules on home-

grown players in team sports in 2012.Example 12 (social dialogue):• Commission: support social partners and sport organisations

to create an EU-level social dialogue for the whole sport and leisure sector and to discuss new relevant items such as contractual stability, education and training, health and safety, employment and working conditions of minors, the role of agents or the fight against doping.

2. The 2011 Communication2. The 2011 Communication

2020

Regulation or Inspiration?Example 13COOPERATION WITH THIRD COUNTRIES AND

INTERNATIONAL ORGANISATIONS• Commission: identify the scope for international cooperation

in the field of sport with a focus on European third countries, in particular candidate countries and potential candidates, and the Council of Europe.

2. The 2011 Communication2. The 2011 Communication

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Neofunctionalism versus intergovernmentalism

• EU institutions as independent drivers of European integration.

• (Haas, E.B. (1958): The Uniting of Europe. Stanford: Stanford University Press)

• Member States are the main actors.• (Moravcsik, A (1999): The Choice for Europe: social

purpose and state power from Messina to Maastricht. London: UCL Press)

3. Theoretical perspectives3. Theoretical perspectives

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Path dependency• Ney, S. (2005): Active aging policy in Europe: Between path

dependency and path departure. In: Ageing International, vol. 30, no. 4, pp. 325-342

• Dimitrakopoulos, D.G. (2001): Incrementalism and path dependence : European integration and institutional change in national parliaments. In: Journal of Common Market Studies, vol. 39, no. 3, pp. 405-422

Example: “Copenhagen lanes” for bicycles…

3. Theoretical perspectives3. Theoretical perspectives

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Path dependency• Copenhagen in the 1960s: far from today’s idea of

“Copenhagen lanes” • (http://www.vejhistorie.dk/pdf/HIS-3606.pdf)• Why did Copenhagen and Brussels develop differently?

3. Theoretical perspectives3. Theoretical perspectives

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Path dependency• Why did Copenhagen and Brussels develop differently?• And what does this mean in relation to sport and PA

policies more generally?

3. Theoretical perspectives3. Theoretical perspectives

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Regulation versus inspiration• 1995: The Bosman case, 1995 (C-415/93)• 2000: Council Conclusions on combating doping• 2001: Transfer rules agreement with FIFA, 2001• 2004: European Year of Education through Sport (EYES)• 2008: EQF Sport project• 2008: EU Physical Activity Guidelines• 2010: Council Conclusions on the role of the EU in the

international fight against doping• 2011: UNFDP case in France (Conseil d'État, N° 340122)

3. Theoretical perspectives3. Theoretical perspectives

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4. The Future4. The Future Financial incentives (1):9 transnational HEPA projects - Preparatory Actions (2009)

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4. The Future4. The Future Financial incentives (2):9 transnational HEPA projects - Preparatory Actions (2009)

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4. The Future4. The Future Financial incentives (2):Projects selected under the 2010 Call for Proposals

a)Anti-doping projects on prevention measures targeting amateur sport, sport for all and fitness. (3 projects)

b)Promoting social inclusion of migrants and persons of foreign origin (5 projects)

c)Promoting volunteering in sport Promoting volunteering in sport (4 projects)

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Policy level4. The Future4. The Future

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4. The Future4. The Future

Financial incentives

Thank you for attending the 2010-2011 Thank you for attending the 2010-2011 Willy Calewaert LecturesWilly Calewaert Lectures

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Thank youThank youThank you for attending the 2010-2011

Willy Calewaert Lectures

Thank you to the Calewaert family, the UVV and the staff at VUB.

Thank you to Gianluca Monte and Bart Ooijen.