A conference on "The specific nature of sport and the young athletes' formation in EU law" took place this morning in the Hall of Honor of CONI. The event, organized by CONI in collaboration with the Department of Regional Affairs, Autonomy and Sports of the Presidency of the Council of Ministers and co-funded by the European Commission in the context of the six-month Italian EU Presidency, started with a greeting by President Malagò. "We are honored and proud to be the hosts of this event which represents a major concern of our world. CONI is committed to promoting the diffusion of sports in the whole country, and our model is often envied and imitated abroad. A market research provided by my Danish colleague revealed that CONI is the most authoritative Committee in the world, also thanks to the former Presidents. The social function of sports is becoming more and more fundamental, especially in the Old Continent, the cradle of the movement. We have to deal with the role of young people, especially because they have to become the real protagonists. We now suffer an infrastructural and educational gap compared to the rest of Europe and to the world, a problem that is reflected in the data about sedentary lifestyle. Many disciplines are under attack on the subject of the breeding grounds: football has recently defined a perimeter within which to operate but there are many other sports that risk being penalized, a possibility that may affect the competitiveness of the National teams. We have to find a system to regulate the activities and uphold this field, and give it as a legacy to the future generations".

The opening of the conference, reserved for institutional greetings and moderated by Francesco Soro, Head of Legislative Affairs and Activities of the Bureau of CONI, continued with the greeting of the Undersecretary of State in charge of sports, Graziano Delrio. "We are happy to conclude these six months of Italian EU Presidency with an initiative aimed at young people and dedicated to the principles of autonomy and responsibility. The Italian government has put sports at the center of its efforts in this semester. Politics must respect the autonomy of sports, which also represents the country's culture. For this reason, during the past six months we have emphasized a number of concepts: sports as an economic driver and as an educational tool, we have directed our efforts to developing motor activity in the schools. Sport is different from the other activities and must be considered in its own specificity. We must set a protocol for youth players grown in the breeding grounds while trying to enhance our youth sectors, without betraying EU free movement regulations".

Jens Nymand-Christensen, Deputy Director-General, DG Education, Culture, Youth and Sport of the European Commission, represented the official views of the EU. "These six months of Italian EU Presidency has been a very important period, which achieved an incredible success. It is very important to notice the fact that the responsibility for sports has been formally assigned for the first time in the portfolio of a Commissioner, Navracsis. There are many unemployed young people all across Europe, and in some countries, they are more than 50%. When we talk about employment, we often forget sports. We know that 2.1% of the workers in the EU are athletes, and we must remember that. We must help young people to find employment. Sports have a fundamental role in our society, in terms of education and development. In 2009, the Treaty of Lisbon introduced for the first time the word 'sport' in a document on the functioning of the EU. Sports can receive a special treatment without violating European rules. We are talking about young people and breeding grounds: there can be no discrimination in terms of free movement of workers in the EU, but we can grant sports a flexible interpretation of those rules. We should encourage these measures to adopt ambitious policies, for those exceptions represent an opportunity. We hope to find solutions aligned to current needs".

Mario Pescante, Member of the IOC, spoke about the stages of the relationship between sport bodies and the EU. "This day can represent the resume for dialogue on the specific nature of sports and its autonomy towards the European Commission. 19 years have passed since the Bosman ruling. Starting that day, the dialogue has been fragmented, almost verging on incommunicableness. A million and 350 thousand European citizens revolve around the world of sports, and that is why the dialogue must be maintained. And since we pursue the same values and the same goals, this is an easy task in sports. There are many Italian federations, 47 at European level, which are subject to infringement procedures for violating European standards. The Union has regulated sports over time by applying rules provided for other sectors. We demand the recognition of a specificity. After years of debate, in the Treaty of 2009 the IOC has obtained the inclusion of the word 'sport' in the functioning of the EU, but that did not improve the situation. We must develop a European dimension of sports. We must overcome the limits laid down in the Treaties. Specificity, independence and autonomy are scared concepts. Nelson Mandela asserted that sports have the power to unite people. It can create hope within despair. We demand respect for the values that we represent, for the fight against discrimination, for the protection of human rights. Sport promotes universal values: let us create a global village that would be just a dream without us".

FIRST SESSION – Sports in the European system

Giulio Napolitano, Professor of Administrative Law at the University of Rome and President of the Sports-Justice Reform Commission, moderated the next part of the discussion. "We must strive to find a European framework for sports. Autonomy does not live in isolation, it needs great cooperation".

The opening was followed by seven speeches on the subject of sports in the European system. Santiago Fisas Ayxelá (Member of the European Parliament, former Minister of Sport in Spain): "I know we have two limits: the first one is subsidiarity, while the second is related to the specific nature of sport. Sport is not above the law, so we must find a solution that permeates both dimensions. We need those clear rules to be compliant with the law". Robert Siekmann (University of Rotterdam): "Sporting rules have nothing to do with politics. The specificity of sport is the mother of all battles. Knowing the regulations means improving the situation, comparing, and making comparative studies across disciplines to achieve a growth. The legislation is based on what happens on the playing field. Those rules represent another important element of the study in demonstrating the specificity".

Walter Veltroni (Honorary President of the Italian Basketball League): "My Italian knowledge about Europe reaches the United States of Europe, in an extensive concept of Community rights protection. I believe that we should go even further, aiming for greater integration and flexibility, especially in the fields of culture and sports. This is to allow protection of the breeding grounds, which is pursued through infringement procedures. Nowadays there is a conjunction that creates a crisis of youth sectors, and that is a problem for the whole of Europe. We are likely to have a decline in the number of children who play sports. We must encourage sport clubs to acquire young players, and we have to find a way to harmonize this principle without breaking the rules. Maybe we need temporary standards: this would be what I call flexibility. Sport levels are lowering: we import many American players, but their level is not higher than the level of the youth that can grow and improve in our country. This is what we demand to Europe: recognizing flexibility and specificity to deal with this emergency". Franco Frattini (President of the High Court of Sports Justice, former European Commissioner for Justice): "I also wish to speak of United States of Europe. My analysis focuses on the fact that the sooner Europe will decline subsidiarity of organizations, the stronger European political integration will be. The Treaty of Lisbon does not only have flaws, but also some strong points, like the placement of sports alongside education, training and youth. Therefore, according to this interpretation, it is an element to be preserved. We must affirm the principle that the protection of breeding grounds is not discrimination. The creation of a Commissioner for Sport should not dismiss the principle of subsidiarity". Yves Le Lostecque (Head of the Sport Unit of the European Commission): "Sport has a specific nature, as recognized by the Treaty. With regards also to exemptions, because it is not an economic activity. We, the European Commission, are accused of not doing enough for sports, but we have to remember where we came from. At the beginning, this subject was not among the topics concerning us. Ten years ago, there were no funds to deal with sports, while today we have resources and a program. There is no binding legislation, and subsidiarity is the main principle. We must intervene only when necessary. We have a work schedule for sports for the next three years: good governance, anti-doping, rigged matches, gender equality, education and formation. The second tool is the Erasmus Plus, which includes a chapter dedicated to sports. We are at the same time ambitious and modest". Christophe Vedder: "Due to its social educative purpose, the specific nature of sport is undeniable. It embraces various areas, although it is not mentioned in the treaty. The legislation suggests that the specificity must be tracked down in the provisions of the European Court of Justice". Gabriella Palmieri Sandulli (Barrister): "The plurality of legal systems must begin from the concept of specificity of sports, which in turn should be made compatible with the multiplicity of rules. The Court of Justice as a body of laws is connected to competition and free market; the key concepts of proportionality and reasonableness were introduced. This must not be reduced to a series of cases; we must maintain a broad overview. The concept of specificity is declinable, it is a visible and concrete concept, and also takes into account the individual disciplines that deserve adequate and equal importance".

SECOND SESSION – THE UE AND THE FORMATION OF THE YOUNG ATHLETES

The second and final session, moderated by the lawyer Antonio Conte, Member of the Sports-Justice Reform Commission, was opened by the Undersecretary of State responsible for European Affairs and Policies, Sandro Gozi: "This initiative, as part of the Italian EU Presidency semester, means a lot to us. The rules of the sport world are not at issue, what is in question directly relates to the relationship between the competitive sector and the European Union. The creation of a portfolio for the Commissioner is essential to fully implement the concept of specificity of sport in Europe. We must not create restrictions, and a Europe that really wants to develop new policies for sports should consider this aspect. The way of subsidiarity and the social impact are essential in the protection of youth sectors".

Karen Jones (Lawyer and Professor of International Law at the University of Amsterdam): "I think it is important to understand the social aspect of the breeding grounds regulations. Many players are very young, so the educational dimension is very important. It is necessary to train many young people to discover a champion. We need to carefully and individually raise these people, for the development of the community and to ensure a future to those who will not have a future as a champion". Sophie Dion (Member of the French Parliament, Professor): "Formation must be accompanied by an employment contract. We must find solutions that do not create problems nor discrimination at European level: then, subsidiarity takes over. We should not just endure the reality, because other countries are emerging and progressing. It takes a strong political will to protect young people". Jean-Pierre-Siutat (Member of FIBA Europe Board and President of the French Basketball Federation): "Our difficulty is simple: we have to protect National teams. The situation evolved after the Bosman ruling. The budgets range from two to 50 million: the richest teams can go scout players abroad. We must continue training players without protecting them. To be competitive, to continue preparing strong National teams, we have to preserve our youth".

Michele Uva (Director General at the FIGC): "The ability to develop a youth sector is synonymous with operational virtue: an illuminating example is the cantera of F.C. Barcelona, which produces 90% of the players in the breeding grounds. There is a need to invest not just part of the profits, as required by law, but a proportionate share of the revenues, due to the importance of the issue. The youth sector reflects social nature. The youth sector is a major factor of territorial characterization, it is synonymous with a sense of belonging. In football, the UEFA counts the costs for the youth sectors as investments and not as entries in the Financial Fair Play. England has the highest number of foreigners, but the problem of National teams needs to be addressed since it is general. On this field, we should follow the example of Germany. The Italian Federation is working on it: it has introduced in the 25-players shortlists the 4+4 principle: 4 elements raised in Italy and 4 players trained in Italy. The goal, which must be shared and reached by all the institutional components since it is currently prohibited by the Community rules, is to have all shortlists made up of young players coming from the breeding grounds. It is important to create a structure which also includes the alignment of procedures for obtaining citizenship in every country and a uniformity of tax treatment, because there is a higher pressure in Italy. Sports need growth factors born from dialogue. We must restart from the youth sectors".

Stefano Bastianon (Professor at the University of Bergamo): "The concept of specificity is very vague, with no precise definition. We can say that it is a special field because it differs from any other type of activity due to its social dimension. The training of young people is one of the aspects that characterizes the sports legislation in the EU, but it is not always the same according to the specificities of each discipline. Every sports rule is subject to European law, so it is special but in fact is treated as any other sectors. That is why it becomes a political issue". Antonio Naddeo (Head of Department for Regional Affairs, Autonomies and Sport): "Training is essential. In Italy, we have lost the ability to invest in young people, not only in the sports field. We only pursue short-term goals. Our strategy involves directing efforts in education to reverse this trend".

Francesco Soro closed the day, thanking the speakers and the European Commission for their attention towards a central theme in the prospects of sport development, with the objective to continue the political dialogue aimed at achieving a unanimously shared goal.