Stakeholders consultation for a study on "the Lisbon Treaty and EU sports policy"

With the entry into force of the Lisbon Treaty in December 2009, the European Union (EU) acquired a specific competence in the field of sport for the first time. Sport is mentioned in Article 6 of the Treaty on the Functioning of the European Union (TFEU), as one of the policy fields where the Union has competence to support, coordinate or supplement the actions of its Member States.
The 'new' Article 165 TFEU sets out the details of sports policy. It states that the Union shall contribute to the promotion of European sporting issues, while taking account of the specific nature of sport, its structures based on voluntary activity and its social and educational function. More specifically, the objectives of sports policy are described as being to: (1) promote fairness and openness in sporting competitions and cooperation between bodies responsible for sports and (2) protect the physical and moral integrity of sports practitioners, especially the youngest among them.
The existence of a new specific competence is expected to open up new possibilities for EU action in the field of sport. However, EU competences over the Single Market have already had a considerable impact on sport and these will remain as important as ever. The European Court of Justice (ECJ) has over the years developed extensive and important case law that has had major implications on the world of sport. At the same time, the EU has already had an influence on sport in exercising its 'soft law' powers in closely related areas such as education, health and social inclusion via its respective funding programmes.
Moreover, the lack of a specific legal competence has not prevented the European Commission from building up the beginnings of an EU sports policy, as outlined in the 2007 White Paper on Sport and its associated Baron de Coubertin Action Plan, which began to be implemented in 2008. The Commission has also directly financed certain sporting projects under the sports 'preparatory action' in 2009.
The entry into force of the Lisbon Treaty has spurred the European Commission to begin work on a proposal for fully-fledged EU sports programme and on a policy communication on sport and the Lisbon Treaty. These two items are expected to be sent to the European Parliament for consideration in the second half of 2010.
In light of the above, the European Parliament's Committee on Culture and Education (CULT) has commissioned the T.M.C. Asser Institute to undertake a study whose objective is to provide a panorama of the possibilities of EU Sports Policy at a time when these are being reviewed after the approval of the Lisbon Treaty. In particular, it should assess, from a legal point of view, the potential of the new TFEU to enable the EU to attain the objectives of greater fairness and openess in sporting competitions and greater protection of the moral and physical integrity of sports practitioners whilst taking account of the specific nature of sport.
The study should make use of existing literature and ECJ case-law on the topics concerned, notably recent jurisprudence dating from after the entry into force of the Lisbon Treaty. It should also take into account the relevant (European Parliament (EP) resolutions (notably on the White Paper on Sport and on the Future of Professional Football in Europe). Given the forward-looking nature of the brief, the literature and legal review should only constitute a starting point to be complemented by direct information-gathering and discussion with parties interested in the development of EU Sports Policy, including sports associations or clubs at both professional and amateur level, pan-European umbrella organizations representing sport, national and EU civil servants, the private sector and academics.

If you wish to participate in the stakeholders consultation for this study, we would appreciate it if you could send us your views on what the EU’s priorities for sport should be,by 1 July 2010 at the latest.
You may address your answers, preferably by e-mail, to R.Siekmann@asser.nl and/or by fax to: +31 (0)70 3420359 or +31 (0)70 3420346 to the T.M.C. Asser Institute to the attention of Dr Robert Siekmann.

I look forward to receiving your reply.

Yours faithfully,
 

Dr Robert C.R. Siekmann
Director
ASSER international Sports Law Centre
R.J. Schimmelpennincklaan 20-22
2517 JN The Hague
P.O. Box 30461
2500 GL The Hague
The Netherlands
Tel.: +31 (0)70 - 3420342/345/300

Fax: +31 (0)70 – 3420359/346
E-mail: R.Siekmann@asser.nl