Autonomy of sport in Europe

Given the impact that successive court rulings have had on the organisation of the sports movement in the past 15 years, the autonomy of non-governmental sports organisations has become a highly topical concern in Europe. It is also closely related to the issue of governance, the subject of previous Council of Europe studies. The Enlarged Partial Agreement on Sport (EPAS) decided to explore the concept of autonomy in greater depth by studying the conceptual, political, legal, economic and psycho-sociological aspects of the subject. This study was carried out at the request of the EPAS by the Swiss Graduate School of Public Administration (IDHEAP) on the basis of a questionnaire sent to public authorities in charge of sport and to national and international umbrella sports organisations. In addition to an analysis of the data obtained, documents produced by public authorities and sports organisations on this emerging issue are presented. This study contributes to a better understanding of the concept of autonomy and offers a clear picture of the issues involved.

Preface Introduction 1. Overview of the recognition of the concept of autonomy Recognition of the concept of sports autonomy by sports organisations Recognition of the concept of sports autonomy by public authorities 2. Examples concerning sports organisations' autonomy Government interference in national sports organisations (Inter)governmental interference in international sports organisations Cases brought before national and European courts Intrusions in sports organisations' autonomy by other sports organisations 3. Analysis of replies to the ERAS questionnaire on autonomy in sport The public sports authorities' point of view The sports organisations' point of view 4. Restrictions on sports organisations' autonomy Restrictions resulting from state law Restrictions resulting from lex sportiva Horizontal versus vertical autonomy 5. Summary 6. Best practices in negotiated autonomy Council of Europe European Commission World Anti-Doping Agency Fédération Internationale de Football Association (FIFA) The European Olympic Committees (EOC) Union of European Football Associations France Germany Hungary Italy Netherlands Switzerland Bibliography Appendices Appendix 1: ERAS questionnaire on autonomy in sport in Europe Appendix 2: Working document and Resolution No. 2 on autonomy in sport adopted by the 11th Council of Europe Conference of Ministers responsible for Sport, Athens, 10-12 December 2008 Appendix 3: Chronological study of the Olympic Charter and a selection of documents issued by sports organisations with regard to the concept of autonomy