natgillin/translations-raw huggingface dataset:
Notes that there is often a mismatch between the supply of, and demand for, tickets for major football events which is beneficial to sponsors but detrimental to consumers; stresses that the interests of consumers should be fully taken into account when it comes to the distribution of tickets and that non-discriminatory and fair ticket sales should be guaranteed at all levels; acknowledges however that the distribution of tickets may, where appropriate, be restricted to members of supporters clubs, travel clubs or similar schemes, membership of which is available on a non-discriminatory basis;
Notes that there is often a mismatch between the supply of, and demand for, tickets for major football events which is beneficial to sponsors but detrimental to consumers; stresses that the interests of consumers should be fully taken into account when it comes to the distribution of tickets and that non-discriminatory and fair ticket sales should be guaranteed at all levels; acknowledges however that the distribution of tickets may, where appropriate, be restricted to members of supporters clubs, travel clubs or similar schemes, membership of which is available on a non-discriminatory basis;
Points out that the televised broadcasting of sports competitions is increasingly taking place on encrypted and prepaid channels, and that such competitions are thus becoming inaccessible to a number of consumers; calls for guaranteed access for the largest possible number of consumers to major football events through the medium of free televised broadcasting; supports the principle of the collective sale of television broadcasting rights, in order to ensure the equitable redistribution of this important financial resource;
Points out that the televised broadcasting of sports competitions is increasingly taking place on encrypted and prepaid channels, and that such competitions are thus becoming inaccessible to a number of consumers; calls for guaranteed access for the largest possible number of consumers to major football events through the medium of free televised broadcasting; supports the principle of the collective sale of television broadcasting rights, in order to ensure the equitable redistribution of this important financial resource;
Calls on UEFA and FIFA to scrutinise their rules and regulations carefully in order to determine whether they have been transparently and democratically agreed and are truly necessary and proportionate for the achievement of the legitimate objectives they seek to pursue; recommends that the football associations provide insurance for the players while they are playing in the national team;
Calls on UEFA and FIFA to scrutinise their rules and regulations carefully in order to determine whether they have been transparently and democratically agreed and are truly necessary and proportionate for the achievement of the legitimate objectives they seek to pursue; recommends that the football associations provide insurance for the players while they are playing in the national team;
Favours maintaining the rule on the provision of players, so as to require clubs to make their players available to the national team without right of compensation;
Favours maintaining the rule on the provision of players, so as to require clubs to make their players available to the national team without right of compensation;
Calls on the Commission to clarify the rules on state aids in the football sector, so as to preserve and develop the public funding of the social, cultural and educational purposes of football;
Calls on the Commission to clarify the rules on state aids in the football sector, so as to preserve and develop the public funding of the social, cultural and educational purposes of football;
Reiterates its concern about the above-mentioned developments which are currently taking place as a consequence of the tension between the governance structure of professional football and the regulatory environment at EU and national levels; considers that decisions should be taken at the lowest level in accordance with the principle of subsidiarity;
Reiterates its concern about the above-mentioned developments which are currently taking place as a consequence of the tension between the governance structure of professional football and the regulatory environment at EU and national levels; considers that decisions should be taken at the lowest level in accordance with the principle of subsidiarity;
Regrets that the binding elements of professional football in the socio-cultural field are under continuous pressure as a result of these developments;
Regrets that the binding elements of professional football in the socio-cultural field are under continuous pressure as a result of these developments;
Concludes that, in order to meet the above concerns, the following options are available:
Concludes that, in order to meet the above concerns, the following options are available:
(a) to exclude the sector en bloc from the scope of the Treaty;
(a) to exclude the sector en bloc from the scope of the Treaty;
(b) to do nothing and let the ECJ shape the future of European professional football by judgments adverse to the game;
(b) to do nothing and let the ECJ shape the future of European professional football by judgments adverse to the game;
(c) for Parliament and the Commission, in cooperation with the relevant local, national, European and international stakeholders, and in light of the Independent European Sport Review, to come forward with guidance to assist the creation of legal certainty in the sector;
(c) for Parliament and the Commission, in cooperation with the relevant local, national, European and international stakeholders, and in light of the Independent European Sport Review, to come forward with guidance to assist the creation of legal certainty in the sector;
Recommends the third policy option in relation to the role of the EU in the sports sector; recalls that the EU’s involvement should fully respect the principle of subsidiarity; recognises the value of the Independent European Sports Review; expresses in this respect the wish to see the Commission play a more active role; stresses that, with a view to guaranteeing a level playing-field among football clubs at European level, it is of paramount importance that the Commission make its views on this issue clear, thereby also creating legal certainty for all parties involved;
Recommends the third policy option in relation to the role of the EU in the sports sector; recalls that the EU’s involvement should fully respect the principle of subsidiarity; recognises the value of the Independent European Sports Review; expresses in this respect the wish to see the Commission play a more active role; stresses that, with a view to guaranteeing a level playing-field among football clubs at European level, it is of paramount importance that the Commission make its views on this issue clear, thereby also creating legal certainty for all parties involved;
Therefore calls on the Commission to come forward with guidance to address the unresolved issues within the legal and economic framework of professional football, while recognising at all times that matters concerning the general organisation and rules of professional football are best left to the football authorities and that action on the part of the EU should only be taken where necessary.
Therefore calls on the Commission to come forward with guidance to address the unresolved issues within the legal and economic framework of professional football, while recognising at all times that matters concerning the general organisation and rules of professional football are best left to the football authorities and that action on the part of the EU should only be taken where necessary.
The future of Professional Football in the EU
The future of Professional Football in the EU
Toine Manders 4.9.2006
Toine Manders 4.9.2006
Georgi Bliznashki, Gabriela Cretu, Janelly Fourtou, Evelyne Gebhardt, Małgorzata Handzlik, Malcolm Harbour, Christopher Heaton-Harris, Anna Hedh, Edit Herczog, Alexander Lambsdorff, Kurt Lechner, Arlene McCarthy, Toine Manders, Manuel Medina Ortega, Bill Newton Dunn, Zita Pleštinská, Guido Podestà, Zuzana Roithová, Luisa Fernanda Rudi Ubeda, Heide Rühle, Christel Schaldemose, Andreas Schwab, Ovidiu Ioan Silaghi, József Szájer, Marianne Thyssen, Jacques Toubon, Bernadette Vergnaud, Barbara Weiler, Glenis Willmott
Georgi Bliznashki, Gabriela Cretu, Janelly Fourtou, Evelyne Gebhardt, Małgorzata Handzlik, Malcolm Harbour, Christopher Heaton-Harris, Anna Hedh, Edit Herczog, Alexander Lambsdorff, Kurt Lechner, Arlene McCarthy, Toine Manders, Manuel Medina Ortega, Bill Newton Dunn, Zita Pleštinská, Guido Podestà, Zuzana Roithová, Luisa Fernanda Rudi Ubeda, Heide Rühle, Christel Schaldemose, Andreas Schwab, Ovidiu Ioan Silaghi, József Szájer, Marianne Thyssen, Jacques Toubon, Bernadette Vergnaud, Barbara Weiler, Glenis Willmott
Alexander Alvaro, Benoît Hamon, Joel Hasse Ferreira, Ian Hudghton, Filip Kaczmarek, Véronique Mathieu, Maria Matsouka, Angelika Niebler, Marc Tarabella, Anja Weisgerber
Alexander Alvaro, Benoît Hamon, Joel Hasse Ferreira, Ian Hudghton, Filip Kaczmarek, Véronique Mathieu, Maria Matsouka, Angelika Niebler, Marc Tarabella, Anja Weisgerber
OPINION of the Committee on Legal Affairs
OPINION of the Committee on Legal Affairs
The Committee on Legal Affairs calls on the Committee on Culture and Education, as the committee responsible, to incorporate the following suggestions in its motion for a resolution:
The Committee on Legal Affairs calls on the Committee on Culture and Education, as the committee responsible, to incorporate the following suggestions in its motion for a resolution:
A. while on the one hand, the existing primary law of the European Community does not confer on the Community any responsibility for sport in general or for professional football in particular, on the other hand neither are they excluded from the scope of application and, among other things, the case-law of the European Court of Justice (Court of Justice) and decisions taken by the European Commission make clear that in particular the ban on discrimination imposed by Article 12 of the EC Treaty, the principle of freedom of movement for workers enshrined in Article 39 thereof, the freedom of establishment and the freedom to provide services laid down in Articles 43 and 49 thereof, the provisions on competition set out in Articles 81 to 87 thereof and the provisions on employment and social policy have had an impact on sport and professional football,
A. while on the one hand, the existing primary law of the European Community does not confer on the Community any responsibility for sport in general or for professional football in particular, on the other hand neither are they excluded from the scope of application and, among other things, the case-law of the European Court of Justice (Court of Justice) and decisions taken by the European Commission make clear that in particular the ban on discrimination imposed by Article 12 of the EC Treaty, the principle of freedom of movement for workers enshrined in Article 39 thereof, the freedom of establishment and the freedom to provide services laid down in Articles 43 and 49 thereof, the provisions on competition set out in Articles 81 to 87 thereof and the provisions on employment and social policy have had an impact on sport and professional football,
- the declarations attached to the 1997 Treaty of Amsterdam and the declaration issued by the Nice European Council in 2000 did not change, and did not seek to change, this legal situation,
- the declarations attached to the 1997 Treaty of Amsterdam and the declaration issued by the Nice European Council in 2000 did not change, and did not seek to change, this legal situation,
B. while the specificity of sport, which is recognised in the Amsterdam Treaty, the Declaration of Nice and the case-law of the Court of Justice, should be recognised and implemented in decisions and legislation by all levels of government, it should also be noted that the application of a layer of regulation is monitored and controlled by national football authorities, UEFA and FIFA, respectively the national, European and world governing bodies in professional football,
B. while the specificity of sport, which is recognised in the Amsterdam Treaty, the Declaration of Nice and the case-law of the Court of Justice, should be recognised and implemented in decisions and legislation by all levels of government, it should also be noted that the application of a layer of regulation is monitored and controlled by national football authorities, UEFA and FIFA, respectively the national, European and world governing bodies in professional football,
C. secondary law also fails to take systematic account of the specific requirements of professional football; this concerns, in particular, the provisions governing the recognition of diplomas and the award of licences to trainers, players’ agents and players from non-EU countries; the Independent European Sport Review also calls for action by the European legislator in the following problem areas linked to professional football: money laundering, betting fraud, exploitation of young players and illegal trading in players, lottery regulation should national monopolies be abolished, measures to combat racism and hooliganism and the black market for tickets,
C. secondary law also fails to take systematic account of the specific requirements of professional football; this concerns, in particular, the provisions governing the recognition of diplomas and the award of licences to trainers, players’ agents and players from non-EU countries; the Independent European Sport Review also calls for action by the European legislator in the following problem areas linked to professional football: money laundering, betting fraud, exploitation of young players and illegal trading in players, lottery regulation should national monopolies be abolished, measures to combat racism and hooliganism and the black market for tickets,
D. the greater professionalisation and commercialisation of sport in general and football in particular has made EU law much more relevant in this area, a fact reflected in the growing number of cases pending before the Court of Justice and the Commission,
D. the greater professionalisation and commercialisation of sport in general and football in particular has made EU law much more relevant in this area, a fact reflected in the growing number of cases pending before the Court of Justice and the Commission,
- this has greatly exacerbated the problem of legal uncertainty and the sectors concerned increasingly see an approach based solely on treating cases individually as inadequate, a view also documented in the study commissioned by a number of sports ministers in the EU Member States and recently published under the title Independent European Sport Review 2006,
- this has greatly exacerbated the problem of legal uncertainty and the sectors concerned increasingly see an approach based solely on treating cases individually as inadequate, a view also documented in the study commissioned by a number of sports ministers in the EU Member States and recently published under the title Independent European Sport Review 2006,
- the legal uncertainty which currently exists is not only problematical in economic terms, but in particular as regards the performance of football’s social, cultural and educational tasks; it is not clear, for example, whether the UEFA rule stipulating that teams must contain a minimum number of home-grown players, a provision which is extremely important for youth development, would, if it underwent legal review by the Court of Justice, prove to be consistent with Article 12 of the EC Treaty,
- the legal uncertainty which currently exists is not only problematical in economic terms, but in particular as regards the performance of football’s social, cultural and educational tasks; it is not clear, for example, whether the UEFA rule stipulating that teams must contain a minimum number of home-grown players, a provision which is extremely important for youth development, would, if it underwent legal review by the Court of Justice, prove to be consistent with Article 12 of the EC Treaty,
F. considers that the rules on the composition of national teams
F. considers that the rules on the composition of national teams
See Case 36/74, paragraph 8, and Case 13/76, paragraph 14. , or the rules relating to the selection by sports federations of those of their members who may participate in high-level international competitions
See Case 36/74, paragraph 8, and Case 13/76, paragraph 14. , or the rules relating to the selection by sports federations of those of their members who may participate in high-level international competitions
See Joined Cases C-51/96 and C-191/97, Deliège [2000], ECR I-2549, paragraph 64. are purely sporting rules which therefore, by their nature, fall outside the scope of Article 39 and Article 49 of the Treaty.
See Joined Cases C-51/96 and C-191/97, Deliège [2000], ECR I-2549, paragraph 64. are purely sporting rules which therefore, by their nature, fall outside the scope of Article 39 and Article 49 of the Treaty.
Also among such rules are ‘the rules of the game’ in the strict sense, such as, for example, the rules fixing the length of matches or the number of players on the field, the organisation and conduct of sporting events and championships, given that sport can exist and be practised only in accordance with specific rules.
Also among such rules are ‘the rules of the game’ in the strict sense, such as, for example, the rules fixing the length of matches or the number of players on the field, the organisation and conduct of sporting events and championships, given that sport can exist and be practised only in accordance with specific rules.
That restriction on the scope of the above provisions of the Treaty must, however, remain limited to its proper objective
That restriction on the scope of the above provisions of the Treaty must, however, remain limited to its proper objective
See Case 36/74, paragraph 9; 13/76, paragraph 15; C-415/93, paragraphs 76 and 127; C-51/96 and C-191/97, paragraph 43; C-176/96, paragraph 34. .
See Case 36/74, paragraph 9; 13/76, paragraph 15; C-415/93, paragraphs 76 and 127; C-51/96 and C-191/97, paragraph 43; C-176/96, paragraph 34. .
The same principles apply with regard to Articles 81 and 82 of the Treaty,
The same principles apply with regard to Articles 81 and 82 of the Treaty,
G. considers that those covered by measures and decisions of sports tribunals are still, first and foremost, subject to national law, which should safeguard their legal position; thus, the autonomy of the rules of sport does not allow them to be considered to be assigned to dispense judicial protection exclusively, in consideration of the absolute, institutionalised primacy of national courts, which, therefore, excludes all limitation of their constitutional prerogatives,
G. considers that those covered by measures and decisions of sports tribunals are still, first and foremost, subject to national law, which should safeguard their legal position; thus, the autonomy of the rules of sport does not allow them to be considered to be assigned to dispense judicial protection exclusively, in consideration of the absolute, institutionalised primacy of national courts, which, therefore, excludes all limitation of their constitutional prerogatives,
H. considers that the choice of public or sports jurisdiction may not be the subject of a prior agreement, with referral of future disputes exclusively to federal bodies and/or arbitrating bodies, but should be the outcome of a free choice by the parties taken following the launch of the action,
H. considers that the choice of public or sports jurisdiction may not be the subject of a prior agreement, with referral of future disputes exclusively to federal bodies and/or arbitrating bodies, but should be the outcome of a free choice by the parties taken following the launch of the action,
I. considers, however, that the jurisdiction of the ordinary court is valid when disputes centred on disciplinary sanctions imposed by sports tribunals on clubs affiliated to the sporting federations and based on a failure to observe purely technical rules of a sporting nature to a large extent give rise to real and appreciable censure or loss of status of the affiliate.
I. considers, however, that the jurisdiction of the ordinary court is valid when disputes centred on disciplinary sanctions imposed by sports tribunals on clubs affiliated to the sporting federations and based on a failure to observe purely technical rules of a sporting nature to a large extent give rise to real and appreciable censure or loss of status of the affiliate.
Not only measures to withdraw a sports club’s affiliation to a federation, but also measures to exclude it from a given championship, are outside the conceptual area and the ontological and substantial scope of sporting autonomy, for the simple but decisive reason that these are sanctioning measures which, in that they remove powers and, therefore, subjective legal positions covered by the general judicial sphere of the sports club, preventing them from developing and attaining of the social objective laid down in their constitution, necessarily and incontestably fall within the scope of national law and not solely within that of internal sporting rules,
Not only measures to withdraw a sports club’s affiliation to a federation, but also measures to exclude it from a given championship, are outside the conceptual area and the ontological and substantial scope of sporting autonomy, for the simple but decisive reason that these are sanctioning measures which, in that they remove powers and, therefore, subjective legal positions covered by the general judicial sphere of the sports club, preventing them from developing and attaining of the social objective laid down in their constitution, necessarily and incontestably fall within the scope of national law and not solely within that of internal sporting rules,
J. likewise as a result of this legal uncertainty, it is not clear how much autonomy self-regulating bodies, such as UEFA and national associations, enjoy, to what extent they are bound, when exercising their right to self-regulation and performing their regulatory tasks, by certain principles of EU law (non-discrimination, proportionality, democratic and constitutional procedures, safeguarding of players’ rights), and how free they are to exercise their ‘monopoly’ (problem of the home and away rule, breakaway leagues, trademark law), or whether, when they act both as a regulator and an economic operator in the same market, this results in a conflict of interests or the abuse of a dominant position,
J. likewise as a result of this legal uncertainty, it is not clear how much autonomy self-regulating bodies, such as UEFA and national associations, enjoy, to what extent they are bound, when exercising their right to self-regulation and performing their regulatory tasks, by certain principles of EU law (non-discrimination, proportionality, democratic and constitutional procedures, safeguarding of players’ rights), and how free they are to exercise their ‘monopoly’ (problem of the home and away rule, breakaway leagues, trademark law), or whether, when they act both as a regulator and an economic operator in the same market, this results in a conflict of interests or the abuse of a dominant position,
- the primacy of Community law and access to the normal legal channels of the Member States and of the Union must be safeguarded also in sport,
- the primacy of Community law and access to the normal legal channels of the Member States and of the Union must be safeguarded also in sport,
- the application of EU law, in particular the Bosman judgment of the Court of Justice, has had a positive impact on the rights of professional players, but at the same time, according to FIFPro
- the application of EU law, in particular the Bosman judgment of the Court of Justice, has had a positive impact on the rights of professional players, but at the same time, according to FIFPro