欧盟体育政策与法律的起源与发展。

V. Zavhorodnia
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引用次数: 0

摘要

所介绍的工作致力于强调欧盟体育法律和政策的演变过程,确定有助于该领域社区监管发展的事实和事件,并确定对乌克兰在欧洲一体化方面具有重要意义的趋势和方向。一体化进程,首先是纯经济的,然后是越来越多方向的,不能不影响欧洲大陆和国际社会生活的这一重要领域。体育是人的个性自我实现的基本要素,也是经济活动的一个领域。它也是国际交流、跨文化交流的一种形式,是对权威的一种宣示,是国家的一种正面形象。此外,体育可以成为施加政治和外交影响的工具,甚至可以成为对违反国际法律和秩序行为作出反应的手段。在欧洲一体化进程的大背景下,欧盟体育政策和法律的演变是一条艰难而漫长的道路。最初,这项运动不包括在共同体法律和共同体权限范围之内。然而,自上世纪60年代以来,欧洲体育模式的基础开始形成。在成员国的实践中执行欧洲委员会的标准对于形成这一模式至关重要。欧洲体育模式一方面意味着欧洲价值观和体育传统的统一。另一方面,考虑到欧洲国家的民族特点、体育关系组织和非政府体育组织活动的多元性和多样性。对于欧洲体育模式的主要特征,作者提到了自愿参加体育比赛,不歧视,民主,团结,遵守“公平竞争”规则,良好的治理以及防止腐败和滥用。欧洲体育模式是历史上发展并保存至今的。这篇文章描述了欧洲联盟法院(CJEU)在建立欧盟体育领域法律方面的作用。欧洲法院制定了法律标准体系,将共同体规则和原则扩展到体育活动的经济方面,包括规范与非国家行为体(如国家奥林匹克委员会、体育联合会等)的关系。本研究分析了欧洲法院的相关决定,揭示了欧盟竞赛规则在体育运动中的应用方法,以及劳资关系、工人自由流动和提供服务的方法。根据《里斯本条约》的规定,欧盟的进一步一体化和改革导致了欧盟在体育领域政策的一个部门的出现,以及旨在实现这一政策的若干法规和组织措施。在国家立法中实施相关标准,在国家政策和非政府体育组织的活动中引入体育领域的最佳治理实践,是实现乌克兰欧洲一体化愿望的重要组成部分,履行了联盟协议下的义务,并有望成为欧盟成员国的标准。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The origin and development of the European Union sports policy and law.
The presented work is devoted to highlighting the processes of evolution of the EU sports law and policy, identifying facts and events that have contributed to the development of communitarian regulation in this area and establishing trends and directions significant for Ukraine in the European integration aspect. Integration processes, first purely economic and then increasingly multidirectional, could not but affect this vital sphere of social life on the European continent and internationally. Sport is an essential element of the self-realization of a human personality and a sphere of economic activity. It is also a form of international communication, cross-cultural communication, the assertion of authority, and a positive image of countries. Also, sports can be an instrument of political and diplomatic influence or even a means of responding to violations of international law and order. The evolution of EU sports policy and law has been a difficult and long way in the general context of European integration processes. Initially, the sport was not covered by Community law and the spheres of competence of the Communities. However, since the 60s of the last century, the foundations of the European sports model began to form. Implementing the Council of Europe’s standards in the Member States’ practice was essential in forming this model. The European sports model implies, on the one hand, the unity of values and sports traditions of Europe. On the other hand, it is based on considering the national characteristics of European countries, pluralism, and diversity of the organization of sports relations and activities of non-governmental sports organizations. To the main features of the European sports model, which have developed historically and are preserved to this day, the author refers voluntary participation in sports competitions, non-discrimination, democracy, solidarity, compliance with the rules of “fair play,” good governance, and prevention of corruption and abuse. The article characterizes the role of the Court of Justice of the European Union (CJEU) in the creation of the EU acquis in the field of sport. CJEU developed the legal criteria system for extending communitarian rules and principles to the economic aspects of sports activities, including regulating relations with non-state actors such as national Olympic committees, sports federations, etc. Relevant CJEU decisions are analyzed in the study, approaches to the application of EU competition rules in sports, as well as to labor relations, freedom of movement of workers, and the provision of services, are revealed. Further integration and reform of the EU under the provisions of the Lisbon Treaty led to the emergence of a sector of the EU policy in the field of sports and several regulations and organizational measures aimed at realization of this policy. Implementation of the relevant standards in the national legislation, introduction of the best practices of governance in the field of sports in the state policy and activities of non-governmental sports organizations are important components of the implementation of Ukraine’s European integration aspirations, fulfillment of obligations under the Association Agreement and prospectively – the criteria for the EU membership.
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