“ Looking into the future: the implementation of the Lisbon Treaty in the field of sport. Jacob Kornbeck” Jacob Kornbeck Willy Calewaert Chair Seventh and Final Lecture VUB, Brussels, Thursday, 31 March 2011, 6.00-7.15 pm
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).
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.
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.
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.
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.
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.
COOPERATION 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.
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