Transcript LA DISCIPLINA DEL PART-TIME NELLE FONTI INTERNAZIONALI

FREE MOVEMENT OF PLAYERS
IN THE
EUROPEAN UNION
MICHELE COLUCCI
www.colucci.eu
[email protected]
ISDE, Madrid, 2014
1
EC TREATY AND EU
CITIZENSHIP
Every person holding the nationality of a
Member State shall be a citizen of the Union.
(art. 17 EC).
Every citizen of the Union shall have the right to
move and reside freely within the territory
of the Member States, subject to the limitations
and conditions laid down in this Treaty and by
the measures adopted to give it effect.
(art. 18 CE).
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FREE MOVEMENT OF WORKERS
Artt.39 - 42 EC. Workers have the right
to:
– accept offers of employment actually made;
– move freely within the territory of Member
States for this purpose;
– to stay in a Member State for the purpose of
employment;
– to remain in the territory of a Member State
after having been employed in that State.
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THE EC TREATY
Self employed persons:
– Right of establishment(artt. 43-48 EC) and
– Freedom to provide services (artt. 49-55
EC):
the right to take up and pursue activities as selfemployed persons and to set up and manage
undertakings .
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CASE LAW OF ECJ: evolution
Definition of «worker»:
– A PERSON PERFORMS SERVICES OF SOME
ECONOMIC VALUE FOR AND UNDER THE
DIRECTION OF ANOTHER PERSON IN RETURN
FOR WHICH HE RECEIVES REMUNERATION
(Lawrie-Blum, C-66/85).
«Community meaning»(Unger, C-75/63).
Fundamental Principle: broad interpretation
(Levin, C-53/81).
Exceptions and derogations: strict interpretation
(Kempf,C-139/85).
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EQUAL TREATMENT
BAN ON “DIRECT” DISCRIMINATIONS
Art. 12 EC on the basis of nationality
Art. 39 EC:…
– Access to employment
– Pay
– Employment conditions
Association agreement, Co-operation
agreement, and so on.
SPORT: Balog case, Simutenkov, case
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« COVERT DISCRIMINATIONS »
NO « COVERT FORMS OF
DISCRIMINATION” which, by the
application of other criteria of
differentiation, lead in fact to the same
result . (cause 152/73 Sotgiu)
YES, only in case of « objective reasons »;
proportionality test!
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THE UEFA HOMEGROWN
PLAYER RULE
THE UEFA HOMEGROWN PLAYER
RULE
Homegrown: player trained by a club for 3
years when he is between 15 and 21
years old
– 2006/2007
4 up to 25
– 2007/2008
6 up to 25
– 2008/2009
8 up to 25
No discrimination on the basis of nationality.
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Reverse discrimination
“National law” v. “EU law”:
– Different scope
– different goals
EU Law does not apply to purely
internal matters.
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Discriminatory act
and
limit to free movement
Discriminatory act:
– ordinary legislation,
– Collective bargaining agreements,
– Regulations of private associations,(Bosman,
C-415/93): FIFA, UEFA,
Limits to free movement:
– Public administration;
– Public order and security
– Public health
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TERRITORIAL SCOPE
The EUROPEAN UNION: 27 Member
States
New scenario in the European Union
Market: the 2+3+2 rule!
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The case law of the ECJ
“Sport is subject to Community law in so far as it
constitutes an economic activity within the
meaning of Article 2 of the Treaty” .
Walrave case, C-36/74.
Donà v. Montero case, C- 13/76(nationality
clause).
sports or economic activity?
– C-51/96 Deliège case”, C-176/96, Lethonen case,
Meca – Medina case(doping).
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THE BOSMAN case
cause C -415/93
DAVID v. GOLIAH!
Sport= economic activity= the end of
transfer compensation
Quid training ?
The new FIFA regulations on Status and
Transfer of Players
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CONVERGENCE BETWEEN
FREE MOVEMENT AND
COMPETITION RULES
Art. 81 - 82 EC:
– NO agreement which may affect trade between
MSs and which have as their object or effect the
prevention, restriction or distortion of
competition.
– NO “abuse of dominant position”.
BOSMAN case
BALOG case (never delivered).
PIAU on players’ agents
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Keeping in mind that...
EU players are:
– EU citizens
– Workers
Their rights are enshrined in the Treaty
and must be granted!
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