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• Title: Some Thoughts About the European Club Association's Possible Participation in a Social Dialogue in the European Professional Football Sector (Opinion)
• Author : The International Sports Law Journal
• Release Date : January 01, 2008
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 81 KB

Description

In his article Is the Pyramid Compatible with EC Law? on the then pending Charleroi/Oulmers case regarding player release for international representative competition in football Professor Weatherill (University of Oxford)--in the context of stakeholder representation within international football governance--made the case for the establishment of a committee in which relevant stakeholders have a genuine ability to influence decisions having a direct impact on their activities. (1) Parrish and Miettinen (Edge Hill University's Centre for Sports Law Research) state that Weatherill's prescience on the question of stakeholder representation was demonstrated by two developments in the summer of 2007. (2) In July, the European Commission published the White Paper on Sport in which it called for the development of a common set of principles for good governance in sport such as transparency, democracy, accountability and representation of stakeholders. (3) In June, UEFA, the governing body of European football, approved the establishment of the Professional Football Strategy Council which includes amongst its membership representatives of the Association of European Professional Football Leagues (EPFL), representatives of the European Club Forum whose members represent the interests of the clubs participating in the UEFA competitions (4), and representatives of FIFPro (Division Europe) who represent professional players in Europe. According to Parrish and Miettinen, the establishment of the Professional Football Strategy Council was a significant move and was motivated by two factors. First, UEFA hoped that by addressing G-14's criticisms over stakeholder representation in the governance of football, they could placate some of the more moderate G-14 members. By causing a split in the G-14, UEFA hoped that the organisation disbanded and withdrew its challenge in Charleroi/Oulmers. (5) The move also responded to the themes contained in the Nice Declaration (6) and the Arnaut Report (7), both of which recommended that UEFA afford stakeholders sufficient representation with their structures. UEFA's second motivation involves pre-empting the possible threat of social dialogue taking place between the EPFL and FIFPro within the context of the EC Treaty and outside the formal regulatory structure of UEFA. UEFA's new committee could be interpreted as a means of internalizing social dialogue under UEFA's oversight. In FIFA House in Zurich, Switzerland, on 15 January last FIFA, the world governing body of football, UEFA and a number of top European clubs signed a letter of intent, which started a new chapter in the relations between the governing bodies and the clubs. The development was very much in line with the sporting and political philosophy of FIFA President Joseph Blatter and UEFA President Michel Platini, who seek to involve all key stakeholders in the decision-making processes of football and to find workable solutions within the football family itself. The European clubs shared this philosophy. The representatives of the organizations present agreed on the intention to regulate their future relationship with a number of actions. These were to include the planned evolution of the European Club Forum into the European Club Association (ECA), the formal signing of a memorandum of understanding with UEFA and subsequently the dissolution of the G-14 with the withdrawal of its claims in court. As part of the planned moves, UEFA and FIFA would enter into a series of commitments including financial contributions for player participation in European Championships and World Cups, subject to the approval of their respective bodies.

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