EUROPEAN UNION STRUCTURE AND SPORTS ROLE IN THE UNION

Transcription

1 UNIVERSITY OF JYVÄSKYLÄ EUROPEAN UNION STRUCTURE AND SPORTS ROLE IN THE UNION THE ORGANIZATION OF SPORT IN THE EU UNIVERSITY OF JYVÄSKYLÄ SUMMER SCHOOL 2006 AGUSTINA VILLALONGA INDEX

2 UNIVERSITY OF JYVÄSKYLÄ 2 Introduction.... p. 3 European Union organizational structure... p. 3 The role of the European Union in Sport... p. 5 Sport s role in the European Union.... p. 7 Conclusion.. p. 9 Annexe..... p. 11 References.... p. 14

3 UNIVERSITY OF JYVÄSKYLÄ 3 Introduction The European Union is not a federal State, but at the same time it is more than just a confederation of countries. It is something entirely new and historically unique. Its political system has evolved during the last 50 years and it is founded on a series of treaties, from the ones signed in Paris and Rome in the 1950 s to those signed in Maastricht, Amsterdam and Nice in the 1990 s. The treaties constitute the primary legislation. From them is derived the secondary legislation, which consists mainly of regulations, directives and recommendations, has a direct impact on the daily lives of the citizens. All these laws are the result of decisions taken by three main institutions (Council of the European Union, European Parliament and the European Commission) along with EU policies. Only when the three institutions work closely together and trust one another this institutional triangle can function properly. European Union organizational structure The EU has no single seat of government, but many of its most important offices are in Brussels (Belgium). The European Commission is headquartered there, as well as the Council of the European Union, and has executive and legislative functions. Brussels is also where the various committees of the European Parliament generally meet to prepare for the monthly sessions in Strasbourg (France). The European Union is composed of three "pillars": The Council of the European Union, which represents the member states, is

4 UNIVERSITY OF JYVÄSKYLÄ 4 the European Union s main decision-making institution. Each European country presides it, in turns, for a six-month period, and every Council meeting is attended by one minister from each of the member states (depending on which topic will be held, one minister or another will attend the meeting). The Council s administrative work is handled by its General Secretariat, which is also based in Brussels. The European Council is the European Union s highest-level policymaking body and brings together the presidents and prime ministers of all the EU countries plus the president of the European Union. Some member states want it to become the government of Europe and would like one of its members to represent the Union among the world. The European Parliament represents the European Union s citizens and takes part in the legislative process. The members of the European Parliament have been directly elected, since 1979, every five years by universal suffrage. The Parliament and Council share legislative power and they do it following three different procedures: the cooperation procedure (introduced by the Single European Act in 1986), the assent procedure (also introduced by the Single European Act in 1986) and the co-decision procedure (introduced by the Treaty of Maastricht in 1992). Parliamentary debates are dominated by the largest political groups, which are the European People s Party and European Democrats (the EPP-ED group), and the Party of European Socialists (PES). The Parliament is also the body that exercises democratic control over the European Union and has the power to dismiss the Commission by adopting a motion of censure. The European Commission is one of the Union s most important

5 UNIVERSITY OF JYVÄSKYLÄ 5 institutions. Before the 1 st of May 2004 the Commission had 20 members (two from each of these countries: France, Germany, Italy, Spain and the UK, and one from each of the other countries) appointed for a five-year period by agreement between the member states, subject to approval by the Parliament, but since this date, it has had one commissioner per country, since there are new member states. This institution acts with complete political independence, it is a Guardian of the Treaties and its job is o uphold the interest of the EU as a whole. It is the only institution that can propose new EU legislation and can take action at any stage to help bring about agreement within the Council and between the Council and Parliament. The Commission carries out the decisions taken by the Council. It is answerable to Parliament, and the entire Commission has to resign if Parliament passes a motion of censure against it. 36 Directorates-General and services, based mainly in Brussels and Luxembourg, compose a civil service that assists the Commission. It has its own financial resources so it can act quite independently. In addition to these three pillars of the European Union s governing body, there are some other organizations that compose it. These are: The Court of Justice, The Court of Auditors, The European Economic and Social Committee, The Committee of the Regions, The European Investment Bank, The European Central Bank and The European Convention. Each one of them has different functions. The role of the EU in Sport Direct role: The direct role of the European Union in sport is quite limited. The Sport Unit (within the Directorate-General Education and Culture) is responsible for the following main areas: Cooperation within the Commission and with other institutions on sport-

6 UNIVERSITY OF JYVÄSKYLÄ 6 related issues. Cooperation with national and international sports institutions, organisations and federations. Bilateral meetings with sports institutions and organisations and international sports federations. One of the few specific measures in Sports was the European Year of Education through Sport 2004, taken by Decision No. 291/2003/EC of the European Parliament and of the Council of 6 February Indirect role: Although not directed specifically at sport, many of the rules, policies and programmes of the European Union have an impact on the sports world or are of interest to it. For instance, the European Union s common market creates the right of free movement for any EU citizen. This means that any EU athlete can move and work freely in another EU member (though there are still some limitations to free movement for the 10 members that joined the EU in 2004 in certain old member states). European Constitution There is a reference to sport included in the new European Constitution: «The Union shall contribute to the promotion of European sporting issues, given the social and educational function of sport. ( ) Union action shall be aimed at developing the European dimension in sport, by promoting fairness in competitions and cooperation between sporting bodies and by protecting the physical and moral integrity of sportsmen and sportswomen, especially young sportsmen and sportswomen».

7 UNIVERSITY OF JYVÄSKYLÄ 7 Enhanced co-operation in terms of preparation for international competitions is probable. The proposed EU Constitution names sports as one of the areas for possible "supporting, coordinating or complementary action". Sports role in the European Union A declaration annexed to the Amsterdam Treaty emphasises "the social significance of sport, in particular its role in forging identity and bringing people together" and many NGOs emphasise the role of sports as a tool for social integration and fighting intolerance. EU sports ministers have also recently declared that they are in favour of promoting equal opportunities in and through sport through equality of access to sporting services. So far, the European Union's involvement in sport has revolved around its economic aspects. When the Constitution is finally ratified, the EU will have a legal base to provide a supporting role to member states in the social, educational and cultural aspects of sport. The treatment of sport at EU level has primarily focussed on its economic aspects up until now. There is also a need to protect the social, educational and cultural role that sport plays in European society. The European Council in Nice in 2000 stated that "... the Community must, in its action under the various Treaty provisions, take account of the social, educational and cultural functions inherent in sport and making it special, in order that the code of ethics and the solidarity essential to the preservation of its social role may be respected and nurtured". The declaration, which was in favour of the specific nature of sport, refers to: The protection of young sportsmen and sportswomen from commercial pressures. The dangers posed [for a level playing field in terms of competition] by the same operator owning or having economic control of several sports clubs.

8 UNIVERSITY OF JYVÄSKYLÄ 8 The practice of physical and sporting activities by handicapped people and the economic and social role of volunteering activities in sport. The need to develop initiatives towards the shared use of some of the receipts coming from the sale of TV broadcasting rights - supporting the principle of solidarity between all the levels of sport and across all the disciplines of sport. In 1997, the Amsterdam declaration underscored the social importance of sport and its role as a source of identity and of uniting human beings. It called on greater cooperation between Community institutions and the sporting movement. The conclusions of the Vienna European Council in 1998 referred to the need to safeguard current sports structures and maintain the social role of sport in the EU. In 1999, the Commission presented a report to the Helsinki European Council, in which it argued the case for maintaining the European model of sport in its commercial and non-commercial aspects. After ten years trying to include sport in the European Constitution, it has finally been achieved, under the Title III (Union competences), Article 16 (areas of supporting, coordinating or complementary action) and Chapter V (areas where the union may take co-ordinating, complementary or supporting action), section 4, Article III-182. The EU has a secondary and subordinate role to member states. Education and Culture Commissioner Viviane Reding has stressed that harmonisation of European sport was and will never in the future be the Commission's aim. The proposed text for an article on sport emerged from an extensive consultation between the International Olympic Committee (IOC), the European Olympic Committees (EOC), the Association of Summer Olympic International Federations (ASOIF), the Association of the International Olympic Winter Sports Federations (AIOWF) and football bodies FIFA and UEFA. The inclusion of sport in the Constitution happens the same year that the EU

9 UNIVERSITY OF JYVÄSKYLÄ 9 celebrates the European Year of Education through Sport (2004). It was not an option to call it the European Year of Sport, since sport was not a Community competence when MEP Doris Pack first came up with the idea. But when the Constitution is agreed, it may be in future possible for the EU to hold a European Year only dedicated to sport. There are around 700,000 sport clubs and federations with 100 million members in Europe. One in three Europeans are involved in sport. Sport has a positive influence on building personality and social values. According to Tilo Friedmann from the EU Office of German Sports, this represents one of the biggest citizens' movements in the EU. In particular German sport calls for the consideration of: The protection and promotion of the special characteristics of sport, that is the autonomy of sports organisations, the voluntary nature of their structures plus the team spirit and solidarity between all levels of the sports movement. Legal and in respect of other policy areas (eg youth or culture) similar recognition of the significant educational, social, health-promoting, cultural and integrating role of sport for the community. Friedmann adds: through Article III 182 the future dialogue with the EU institutions will be based on the obligatory recognition of sport's educational values and specific nature. Conclusion Sport is one of the best ways to bring people together. Race, gender, age, language, social differences and other aspects do not matter when people want to enjoy their time and be healthy practicing sport.

10 UNIVERSITY OF JYVÄSKYLÄ 10 Since the European Union means exactly that, a union of many countries (25 by now), cultures, languages sport should play an important role in it, and it is starting to be included in the Constitution. The main roles that sport has in the European Union are Integration of the European citizens in the other European countries cultures, tolerance and respect towards them, as well as helping to maintain their own identity among their national teams and athletes. It is also a way to achieve citizens health and educational aspects. Fighting racism, intolerance and hooliganism are some important issues in which sport can help in a great way.

11 UNIVERSITY OF JYVÄSKYLÄ 11 ANNEXE Declaration on the specific characteristics of sport and its social function in Europe, of which account should be taken in implementing common policies 1. The European Council has noted the report on sport submitted to it by the European Commission in Helsinki in December 1999 with a view to safeguarding current sports structures and maintaining the social function of sport within the European Union. Sporting organisations and the Member States have a primary responsibility in the conduct of sporting affairs. Even though not having any direct powers in this area, the Community must, in its action under the various Treaty provisions, take account of the social, educational and cultural functions inherent in sport and making it special, in order that the code of ethics and the solidarity essential to the preservation of its social role may be respected and nurtured. 2. The European Council hopes in particular that the cohesion and ties of solidarity binding the practice of sports at every level, fair competition and both the moral and material interests and the physical integrity of those involved in the practice of sport, especially minors, may be preserved. Amateur sport and sport for all 3. Sport is a human activity resting on fundamental social, educational and cultural values. It is a factor making for integration, involvement in social life, tolerance, acceptance of differences and playing by the rules. 4. Sporting activity should be accessible to every man and woman, with due regard for individual aspirations and abilities, throughout the whole gamut of organised or individual competitive or recreational sports. 5. For the physically or mentally disabled, the practice of physical and sporting activities provides a particularly favourable opening for the development of individual talent, rehabilitation, social integration and solidarity and, as such, should be encouraged. In this connection, the European Council welcomes the valuable and exemplary contribution made by the Paralympic Games in Sydney. 6. The Member States encourage voluntary services in sport, by means of measures providing appropriate protection for and acknowledging the economic and social role of volunteers, with the support, where necessary, of the Community in the framework of its powers in this area. Role of sports federations 7. The European Council stresses its support for the independence of sports organisations

12 UNIVERSITY OF JYVÄSKYLÄ 12 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, particularly as regards the specifically sporting rules applicable and the make-up of national teams, in the way which they think best reflects their objectives. 8. It notes that sports federations have a central role in ensuring the essential solidarity between the various levels of sporting practice, from recreational to top-level sport, which co-existthere; they provide the possibility of access to sports for the public at large, human and financial support for amateur sports, promotion of equal access to every level of sporting activity for men and women alike, youth training, health protection and measures to combat doping, acts of violence and racist or xenophobic occurrences. 9. These social functions entail special responsibilities for federations and provide the basis for the recognition of their competence in organising competitions. 10. 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. Preservation of sports training policies 11. Training policies for young sportsmen and -women are the life blood of sport, national teams and top-level involvement in sport and must be encouraged. Sports federations, where appropriate in tandem with the public authorities, are justified in taking the action needed to preserve the training capacity of clubs affiliated to them and to ensure the quality of such training, with due regard for national and Community legislation and practices. Protection of young sportsmen and women 12. The European Council underlines the benefits of sport for young people and urges the need for special heed to be paid, in particular by sporting organisations, to the education and vocational training of top young sportsmen and -women, in order that their vocational integration is not jeopardised because of their sporting careers, to their psychological balance and family ties and to their health, in particular the prevention of doping. It appreciates the contribution of associations and organisations which minister to these requirements in their training work and thus make a valuable contribution socially. 13. The European Council expresses concern about commercial transactions targeting minors in sport, including those from third countries, inasmuch as they do not comply with existing labour legislation or endanger the health and welfare of young sportsmen and - women. It calls on sporting organisations and the Member States to investigate and monitor such practices and, where necessary, to consider appropriate measures.

13 UNIVERSITY OF JYVÄSKYLÄ 13 Economic context of sport and solidarity. 14. In the view of the European Council, single ownership or financial control of more than one sports club entering the same competition in the same sport may jeopardise fair competition. Where necessary, sports federations are encouraged to introduce arrangements for overseeing the management of clubs. 15. The sale of television broadcasting rights is one of the greatest sources of income today for certain sports. The European Council thinks that moves to encourage the mutualisation of part of the revenue from such sales, at the appropriate levels, are beneficial to the principle of solidarity between all levels and areas of sport. 16. The European Council is keenly supportive of dialogue on the transfer system between the sports movement, in particular the football authorities, organisations representing professional sportsmen and -women, the Community and the Member States, with due regard for the specific requirements of sport, subject to compliance with Community law. 17. The Community institutions and the Member States are requested to continue examining their policies, in compliance with the Treaty and in accordance with their respective powers, in the light of these general principles.

14 UNIVERSITY OF JYVÄSKYLÄ 14 REFERENCES Lafontaine, P How does the Union work? Europe in 12 lessons. Brussels: European Commission Publications. NATO Publications. Updated: 4-Sept INFOPLEASE. The Columbia Electronic Encyclopedia, 6th ed. Columbia University Press. WIKIPEDIA (online encyclopedia) Last modified: 11 April EU news and policy positions. Published: 7 April 2005; Updated: 30May EU news and policy positions. Published: 19 July European Commission. Declaration on the specific characteristics of sport and its social function in Europe of which account should be taken in implementing common policies.

15 UNIVERSITY OF JYVÄSKYLÄ 15 European Commission. Article III- 182.