The 'specificity of sport' and the EU White Paper on sport: some comments.

• Author: Blackshaw, Ian

Introductory

The long-awaited European Union (EU) 'White Paper on Sport' was published by the European Commission on 11 July, 2007 (COM(2007) 391 Final). Not least by the major International Sports Federations, including FIFA and UEFA, who will, no doubt, be disappointed by its contents, mainly because it does not provide for an exemption of sport from EU Law in general and Competition Law in particular (see later), for which they have been lobbying hard. In fact, sport is subject to the 'acquis communautaire'--the body of law that has grown up and developed by the Community Institutions, not least the rulings of the European Court of Justice, the guardian of the EC Treaty.

In the 'White Paper', the Commission has adopted the Council of Europe definition of "sport", contained in its European Sports Charter of 15 May, 1992, which provides as follows:

"Sport comprises all forms of physical activity which, through casual or organised participation, aim at expressing or improving physical fitness and mental well-being, forming social relationships or obtaining results in competition at all levels."

Furthermore, the 'White Paper' acknowledges in its Introduction (para. 1) the importance of sport as "a growing social and economic phenomenon which makes an important contribution to the European Union's strategic objectives of solidarity and prosperity." Indeed, it also quotes the famous dictum of Baron Pierre de Coubertin, the founder of the modern Olympic Games:

"Sport is part of every man and woman's heritage and its absence can never be compensated for."

The purpose of the 'White Paper' is expressed in the following terms (para. 1):

"This initiative marks the first time that the Commission is addressing sport-related issues in a comprehensive manner. Its overall objective is to give strategic orientation on the role of sport in Europe, to encourage debate on specific problems, to enhance the visibility of sport in EU policy-making and to raise public awareness of the needs and specificities of sector. The initiative aims to illustrate important issues such as the application of EU law to sport. It also seeks to set out further sports-related action at EU level."

According to Mr Michal Krejza, the Head of the Sport Unit of the European Commission in Brussels, who for the past year has been putting together the 'White Paper', speaking at the Seventh Annual Asser-Clingendael International Sports Lecture given in The Hague, The Netherlands, on 6...