Abstract
In the light of a growing number of challenges to sport governance, social dialogue at European level can contribute to addressing common concerns of employers and athletes, including agreements on employment relations and working conditions in the sector in accordance with TFEU (formerly, EC Treaty) provisions. In line with the principle of autonomy, the social partners can choose if and when to address a joint request to set up a sectoral social dialogue committee to the Commission. It will examine any request according to the conditions laid out. Taking into account the specificity of the sport structure, social partner organizations could identify relevant third bodies that they want to invite to take part in their social dialogue as observers. It should be kept in mind that a European social dialogue is, above all, a bi-partite dialogue between social partners.
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Notes
- 1.
98/500/EC.
- 2.
White Paper on Sport, on Social Dialogue at p. 19 and at pp. 59–62 of the Accompanying document to the White Paper.
- 3.
Cf., the T.M.C. Asser Institute’s EU-commissioned study: Promoting the Social Dialogue in European Professional Football (Candidate EU Member States), November 2004; see also: Siekmann 2004, pp. 31–33.
- 4.
“G-…” means “Group of …”; cf., G-7, a group of seven industrialized nations of the world formed in 1976 when Canada joined the Group of Six (United States of America, France, Germany, Italy, Japan, United Kingdom). In 1997, the Group added Russia, thus becoming the G-8. The G-20 is a group of Finance Ministers and Central Bank Governors from 20 major economies in the world (19 countries plus the EU).
- 5.
Barcelona, Real Madrid, Liverpool, Manchester United, Juventus, Milan, Internazionale, Marseille, Paris Saint-Germain, Bayern Munich, Borussia Dortmund, Ajax, PSV, Porto, Arsenal, Lyon, Bayer Leverkusen, and Valencia.
- 6.
See, Weatherill 2007, at p. 271.
- 7.
Previously published, under this paper’s main title in The International Sports Law Journal (ISLJ) 2006/3–4 pp. 69–71 and 74–85.
- 8.
Study on the Representativeness of the Social Partner Organisations in the Professional Football Players Sector (EU-25—Bulgaria, Romania and Turkey), Research Project conducted on behalf of the Employment and Social Affairs DG of the European Commission, Université Catholique de Louvain, Institut des Sciences du Travail, February 2006.
- 9.
Franssen 2002, p. 57, para 3.2.7.
- 10.
UEFA Media Release 2008a.
- 11.
Association ranking position (number of clubs): 1–3 (5), 4–6 (4), 7–15 (3), 16–26 (2), and 27–53 (1); the precise number of clubs from each member association to be established every two years at the end of the UEFA season.
- 12.
Case C-243/06, Charleroi/Oulmers, 07 C 212, 2 September 2006.
- 13.
UEFA Media Release 2008b, p. l. As part of the Memorandum of Understanding it was agreed to distribute every four years an amount from the UEFA European Football Championship to national associations for them to pass on to their clubs who have contributed to the successful staging of a UEFA EURO™. The target distribution amount for UEFA EURO 2008™ is €43.5 million and for UEFA EURO 2012™ €55 million (providing financial results are substantially similar to those of UEFA EURO 2008™). The payments shall be made on a “per day per player” basis. The distribution amount for UEFA EURO 2008™ of €43.5 million is divided by the total number of days which gives a “per player per day” amount of approximately €4,000. For UEFA EURO 2012™ this is expected to be approximately €5,000. As well as the direct financial benefits from UEFA EURO™ for the clubs, the Memorandum of Understanding also ensures that UEFA is set to schedule qualifying matches for the UEFA EURO™, whenever possible, in maximum groups of six.
References
Franssen E (2002) Legal aspects of the European social dialogue. Social Europe Series, Intersentia:Antwerp
Siekmann RCR (2004) Promoting the social dialogue in professional football in the New Eu Member States. In: The International Sports Law Journal 3–4:31–33
UEFA Media Release (2008a) New era in football begins with the formation of the European Club Association, 21/01/08, No.007
UEFA Media Release (2008b) Victory for football as a whole, 15/01/2008, No.4
Weatherill S (2007) Is the Pyramid Compatible with EC Law? In: Weatherill S, European Sports Law—Collected Papers, The Hague; previously published in The International Sports Law Journal (2005) 3–4, pp. 3 et seq
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Siekmann, R.C.R. (2012). History/Football Politics/Social Dialogue in Sport: Study into the Possible Participation of EPFL and G-14 in a Social Dialogue in the European Professional Football Sector. In: Introduction to International and European Sports Law. ASSER International Sports Law Series. T.M.C. Asser Press. https://doi.org/10.1007/978-90-6704-852-1_6
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