Brussels, 12/01/2011 (Agence Europe) - The European Commission has published a study into the equality of treatment of non-nationals in individual sporting competitions. This study was carried out by a consortium made up of TMC Asser Instituut, Edge Hill University and Leiden University, by request of the Commission. It looks at the delicate issue of access to individual competitions organised in the member states for athletes who are not of European nationality. It also contains an exhaustive summary of all available documentation of discriminatory provisions adopted by the sporting federations of the member states and makes suggestions to meet both demand for sporting events and the requirements of Community law. Although the results of this study do not constitute the Commission's official position, the institution considers it an important contribution to feed into forthcoming discussions on the issue with the stakeholders.
Non-discrimination is a general principle of European law. One of the best-known rules deriving from this principle is the European Union's ban on any discrimination based on nationality, the authors point out. European law enshrines the freedom of movement and equality of treatment for European citizens, but also to certain third-country nationals, on the basis of international agreements concluded between the EU and these third countries. Nationality, therefore, should not be used as a pretext to distinguish between “home” citizens and non-nationals; however, the organisation of sport in the member states is generally based on rules based on nationality, and this is why many decisions taken by the sports organisations run into conflict with European law. The Court of Justice of the EU has ruled on conflicts of this type many times, and these cases now constitute case-law. But many problems continue to exist and the Commission receives an increasing number of questions from European residents informing it of, for example, restricted access to sports competitions in certain member states and various sporting disciplines. The study looks into restricted access for non-nationals to individual sports competitions in the member states, the justifications made for this by the national organisations which have adopted them and whether or not they are in line with the European rules. This summary stresses a great diversity of rules applicable to a single sport depending on the member state in which it is practised. Some are highly restrictive, others very much less so. (I.L./transl.fl)